Prior notices not must for clearing squatters on public land, says MCD

A municipal official of the rank of assistant commissioner, who directs anti-encroachment drives, said that action against properties that come up on public roads falls under section 321 and 322 of the DMC Act, and no notices are required to be issued before removing them.

In the eye of a controversy for razing down structures in Jahangirpuri on Wednesday, four days after the area reported violent clashes, the North Delhi Municipal Corporation has insisted that it was a “routine drive” to remove temporary encroachments which is carried out every month.

A municipal official of the rank of assistant commissioner, who directs anti-encroachment drives, said that demolition of illegal buildings and extensions on private land come under section 343 of the DMC Act. (PTI Photo)

No prior notice needed for anti-encroachment action

A municipal official of the rank of assistant commissioner, who directs anti-encroachment drives, said that action against properties that come up on public roads falls under section 321 and 322 of the DMC Act, and no notices are required to be issued before removing them.

Notice given before action on private land

The official explained that demolition of illegal buildings and extensions on private land come under section 343 of the DMC Act. A showcause notice returnable by three days is usually issued, and the occupant is asked to produce relevant papers. The notice is followed by a process to ascertain the status of the construction. Action is taken if the occupant is not able to prove ownership

For an encroachment removal exercise in public spaces, an action plan is prepared by the assistant commissioner and letters are sent to agencies such as PWD or DDA, along with a requisition of police force. Requisition for police is sent 4-7 days before the drive as the officials also need to arrange bulldozers and trucks.