Ensure roads are stray cattle, encroachment-free, SC tells civic bodies

The Supreme Court on Tuesday directed states and union territories to ensure public spaces and roads are cleared of stray cattle and encroachments as it pulled up civic agencies of state capitals to take time-bound action in this regard

The Supreme Court on Tuesday directed states and union territories to ensure public spaces and roads are cleared of stray cattle and encroachments as it pulled up civic agencies of state capitals to take time-bound action in this regard.

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A bench of justices Ahsanuddin Amanullah and R Mahadevan said, “There is total anarchy on the roads. Rules are not being followed. The state of affairs of encroachment of public land is not only shocking but alarming.”

Issuing directions to civic agencies to come out with action taken reports against persons who indulge in such blatant misuse of building bye-laws, the court said, “We will see if your areas are encroachment-free. Even vehicles on roads are unable to move freely due to stray cattle. We direct all public areas to be kept free of stray animals as per law. This order shall apply to all public areas across the country.”

The order came while the court was considering a case from Tamil Nadu relating to a construction made in blatant misuse of land use and violation of building bye-laws. The court expanded the scope of the petition in March this year by issuing notices to civic bodies in major state capitals which included Delhi, Lucknow, Jaipur, Chennai, Kolkata among others.

On Tuesday, senior advocate Ajit Kumar Sinha along with advocate Govind Jee assisting the court as amicus curiae pointed out that several states and civic bodies have not filed compliance reports and those which have filed have not provided sufficient information.

Citing a news report which stated that 93% of buildings in Gurugram lack fire clearance, the bench said, “This is shocking. What are the authorities doing about it?” The Gurugram civic and land owning authority heads were present in court and said that the action against illegal constructions and encroachments is an ongoing exercise and the same will be completed within four weeks.

The court said, “Do you want this court to prod you on such an important matter. We will send a team to verify your claims. If we find your statement to be wrong, you will face perjury proceedings. We know all this is due to collusion of officials.”

The court found that several states were not parties in the proceedings and to get a pan-India status of action against encroachment and stray cattle, the court brought all states and UTs on board.

Turning to Lucknow, where a fire at a coaching centre claimed lives of 15 persons, the court was informed by top officials of Lucknow Development Authority that several officials have been suspended after it became known that several residential premises are being misused for commercial purpose. In Lucknow alone, notices have been issued to 51 such properties, the court was informed.

The bench said, “The public has no patience in this regard. It is time the states realise the court should not be taken for granted or we shall summon the chief secretaries of defaulting states.”

The court was further informed by the amicus that in Delhi, violations are of such a magnitude that there exists a serious threat of a major mishap or calamity, pointing to rampant illegal constructions in areas like Lajpat Nagar and Sarojini Nagar. The amicus report submitted to court showed that buildings have been constructed far beyond the sanctioned plans, with deviations exceeding the condonable limits and in blatant violation of the building bye-laws.

The report even pointed to the tragic and unfortunate incident that took place on May 30 in Saket where a five-storeyed building collapsed leaving at least 6 dead and 14 injured.

The court agreed to take up the matter concerning Delhi on Wednesday.