India's Legal Framework for Removing Road and Public Space Encroachments
Indian civic authorities have established legal procedures for removing unauthorized structures like ramps, kiosks, and extensions from public roads and footpaths through anti-encroachment drives. The rules vary by road type—national highways follow the Control of National Highways Act 2002, while state and city roads have their own regulations, with penalties ranging from ₹500 to ₹10,000 depending on jurisdiction. These procedures matter because they balance property rights with public access, and recent Supreme Court rulings now require a 15-day notice period and video documentation before demolition to prevent arbitrary enforcement.
Indian authorities conduct periodic anti-encroachment drives to remove structures occupying public land without permission, with legal procedures varying by road classification. National highways are governed by the Control of National Highways Act 2002, which requires prior written permission for any occupation and allows authorities to remove temporary structures like kiosks without notice if necessary, with penalties up to ₹500 per square meter. State and city roads follow local regulations—for example, Uttar Pradesh's Revenue Code 2006 imposes penalties of ₹500 to ₹10,000 and potential personal bonds up to ₹15,000, while Delhi divides responsibility among multiple agencies (MCD, PWD, NDMC, DDA) based on road width. A 2023 Delhi High Court ruling directed a ₹10,000 on-spot fine for illegal food stalls, and the Supreme Court's 2022 judgment established nationwide protections requiring a 15-day notice period and video documentation of demolitions to prevent arbitrary enforcement.
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House ramps & road encroachments: When can authorities issue notices or order demolition?
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