| RHD Operational Procedure – Zonal Operation Wing |
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| Zonal Operations |
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| OP/ZF/3.8 - Removal of Encroachments |
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Purpose and Scope :
This procedure describes the process for removal of encroachments. This is co-ordinated by the SDE of Field sub-divisions and monitored by the MIS and Estates Circle. It serves the purpose of keeping the right of way of all roads of RHD free from unauthorized occupants of Govt. land and keeping the roads safe for use by traffic and other road users. |
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Definitions :
Encroachment - Encroachments are illegal intrusions by private persons into the Government land and the right of way of the Government Highways by way of erection of building or any structure, occupation of Government land beyond prescribed period, excavation or embankments of any sort made or extended on any government land etc.
Right-of-Way - Right of way of any road at any point is the width of he acquired land between the demarcating boundaries of each side. Generally, boundary pillars are fixed on both sides of the right of way to demarcate Government land and private lands in accordance with the acquisition maps preserved in the division office.
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Responsibility :
The Sub-Assistant Engineer (SAE) Field - is responsible for identifying the encroachment in his area and ask the encroachers to remove the encroachments immediately, otherwise legal action will be taken against them. If the encroachments are not removed he should prepare a list and plan with locations and particulars of such encroachers and submit it to the SDE for taking legal action.
The Sub-divisional Engineer (SDE) Field - is responsible to remove all encroachments whenever they come to notice or take legal action for eviction.
The Executive Engineer (EE) Field - is responsible for overall management of removal of encroachments from within the jurisdiction of his division by way of taking legal action to evict the encroachment, if necessary, with the help of magistrate and police forces.
The EE Estates Division - is responsible for management of the RHD Estate, which includes monitoring of the eviction from RHD land to remove encroachments. |
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Method :
4.1 THE SDE VISITS THE ROADS WITHIN HIS JURISDICTION TO LOCATE ENCROACHMENTS
The SDE visits the Roads within his jurisdiction along with SAEs and Work Assistants, if he comes across any encroachment of the Roads, he asks the encroachers to remove the same within a specified time or they will be removed by force. He instructs his SAEs to check if the encroachments are removed within the specified time. If they are not removed, the SAEs should prepare lists of such encroachments with plans showing encroached area, particulars of encroachments, location and addresses so that SDE can take further action as per rules. Checks on encroachment or an unauthorised occupation should be made on all roads (and land under his change) at least once a year.
4.2 SDE SERVES NOTICE ON NON-COMPLYING ENCROACHERS TO REMOVE ENCROACHMENT
On receiving lists of non-complying encroachers with their particulars from his SAEs, the SDE serves notice on them for removing their encroachments within a prescribed time and vacate the land or appear and show cause why they should not be evicted therefrom. The notices are served in such manner that the encroachers acknowledge receipt of the same or those should be posted to their address with acknowledgement due or those should be prominently displayed in a public resort around the location in presence of some responsible persons of the area.
4.3 AFTER THE EXPIRY OF TIME SPECIFIED IN THE NOTICE, THE SDE VISITS AREAS UNDER ENCROACHMENTS
After the expiry of time specified in the notice if no one appears for showing cause, the SDE visits the areas under encroachments along with his SAEs and Work Assistants and identifies the defaulting encroachers for taking further action. If, however, all of them or some appear and show satisfactory reasons for allowing some time, the SDE allows them the time and sees if they remove the encroachments by the extended time, if not, he goes for taking further action.
4.4 SDE REPORTS TO EE WITH LIST OF DEFAULTING ENCROACHERS FOR TAKING LEGAL ACTION
The SDE reports to EE with the list of defaulting encroachers and their particulars for taking legal action against them.
4.5 EE ARRANGES MAGISTRATE AND POLICE FOR EVICTION
On getting SDE's report with list of encroachers and their particulars, the EE arranges magistrate and police and asks the SDE to evict the encroachers on the date fixed with the help of magistrate and police.
4.6 SDE EVICTS THE ENCROACHERS WITH THE HELP OF MAGISTRATE AND POLICE
The SDE accompanies the magistrate and police arranged by his EE and accompanied by his SAEs and work Assistants supported by trucks and bulldozer on the fixed date and evicts the encroachments. The SDE is also required to submit a consolidated statement to the EE regularly on monthly basis showing the updated position of how far the Government lad has been kept free from any encroachment. The statement includes information about both removal of encroachments made so far and cases where eviction has not been made possible as yet with reasons thereof.
4.7 PREVENTION OF ENCROACHMENTS
Some preventative measures that are essential for checking the unauthorised occupation of land include:
i) Proper maintenance of land records,
ii) Demarcation of boundaries,
iii) Annual checks of road boundaries and records
iv) Strict supervision and inspection
v) Adoption of proper highway act and rules for removal of encroachment (as detailed here).
vi) See also procedure OP/ME/5.1 Management of RHD Estate. |
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References :
· Management of RHD Estate: OP/ME/5.1 |
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Procedure Flowchart :
The procedure flowchart for this procedure is detailed below - |
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