Allahabad High Court: establish grievance redressal mechanism for unauthorized construction or encroachment over the public proper

Allahabad High Court direction to establish grievance redressal mechanism for unauthorized construction or encroachment over the public proper

"……….There should not have been any difficulty in taking action under Section 26/27 of the U.P. Urban Planning Development Act, 1973 ('Act' in short). It is the duty of the development authority to take care of unauthorised construction or encroachment over the public property. …………..

24. Forcing a citizen to fight for the cause of public way amounts to abdication of duty and shows callous indifference on the part of authorities. Once a citizen informs the authority that public property has been encroached upon, it is their duty to take upon themselves the task of ascertaining and then demolishing/removing the same. No civil court grants any injunction on the encroachment over public land. Hon'ble Apex Court has taken the encroachment over the public land very seriously.

41. Hon'ble Apex Court has termed encroachment on public land to be a public wrong. They have to treat public wrong as wrong done to public and therefore to involve public at every level. An effective grievance redressal system followed by proper monitoring may bring positive results. Public has to be involved in a big way and for this purpose due publicity aimed at creating awareness may have to be done. Effort should be to insulate encroachers and make them feel that they are wrong doers-guilty of wrong done to society. Unless, citizen is empowered and armed with an effective grievance redressal system, entire exercise will remain in confines of paper only. Now the concept of Smart City has come into being. Grievance redressal mechanism through electronic means can be effectively put in place (e-governance). If idea of involving public is implemented, sense of pride and dignity will automatically get ingrained in the citizenry and citizen will not have to feel small and subjugated before a person committing public wrong with brazenness. At least they will feel isolated, insulated and stigmatized making it difficult to flaunt their authority with impunity and get away too. 

42. With a view to save and preserve public street/parks and not leaving the wrongs to be noticed, only at the behest of a whistle blower or a vigilant citizen who wants to remain in anonymity, this Court directs Principal Secretary (Housing), State of U.P. to chart out a mechanism like setting up website/helpline where anyone can make a complaint regarding encroachment over public property. Such a complaint should be examined and if found true, immediate action be taken against the wrong doer as well as against the Incharge of the area, whose connivance, ignorance or indifference has led to encroachment. For creating awareness about encroachment on public property, an effective publicity campaign be launched so that people start forthcoming to the assistance and aid of authority and State is successful in converting awareness into public movement forcing wrong doers/encroachers to look for shelter. 

43. Mechanism in this regard will be developed by Principal Secretary (Housing) within two months. "

Details of the case

Revisionist :- Smt. Ramawati 
Opposite Party :- State Of U.P. And 2 Others 
Order date: 13/08/2015 

Case :- CRIMINAL REVISION No. - 64 of 2015