A detailed Research based Report on the Unauthorised Constructions and Encroachment and its damaging impact on common citizens and the local ecosystem growth.
Sh. K.K. Yadav, Ex. CTP Haryana, a Conscious Citizen, Manesar
Unauthorised constructions and encroachment are becoming increasingly complex and indecorous in India. Surprisingly, its narrative ‘per se’ has seldom been taken seriously by general public and the political and non-political executives. Most of the time, these are not viewed and taken up separately but mentioned sporadically in the context of urban planning, infrastructure or real estate domain. Any buildings or structures that are erected without following and complying with relevant permits, regulations and law of the land fall in the category of unauthorised constructions. The nature of unauthorised constructions wherever they occur depends on factors such as location, space, purpose and materials used. These are found in all typological formation such as residential, commercial, industrial, institutional and infrastructural.
Encroachment on the other hand, would mean unauthorised occupation or intrusion of land or property of others which often result into the loss of one’s ownership or control. It may occur temporarily or in due course of time take the permanent shape. Mostly, encroachment take place in the government land, whether it is common land of village panchayat, common spaces like street, recreational park, road, revenue rasta or any designated institutional or infrastructural space.
In the urban settlements encroachment mostly involves the physical intrusion into someone else’s property or land. More serious is the intrusion of shops by shopkeepers on the right- of-way of the public roads, parking and platform spaces in front of their shops in the bazaar or designated shopping centres. These encroachment create crowding, congestion and environmental degradation. Social problems like, inequality and poverty also emanate from such encroachment. Encroachment usually, lead to spatial disorder and conflicts between the encroacher and the original owner or occupant. Mostly, well-to-do and the powerful ones corner the undue benefits of unauthorised constructions and encroachment.
In the rural settlements Encroachment involve the physical occupation of public/private land or property, such as building structures or cultivating crops or common/pasture lands. Most of the villagers in the state have encroached upon the village streets leaving the movement unsafe and hazardous. Common natural resources like forests, wildlife habitats and water bodies particularly, are also encroached upon leading to environmental and ecological degradation manifesting in the form of deforestation, habitat destruction and depletion of water table.
Quite often, the issues of unauthorised constructions and encroachment are viewed and discussed very casually, not only by authorities responsible but also by researchers and other stakeholders in India. However, Hon’ble Supreme Court, very recently, in its order has heavily criticised the perpetrators of unauthorised and illegal constructions and refused to regularise such constitutions. The court has also mentioned that “If the law were to protect those who endeavour to disregard it, the same would undermine the deterrent effect of laws, which is the cornerstone of a just and orderly society.”
As an example, area falling in Municipal Corporation Manesar (MCM), to understand patterns, scale and features of such constructions and encroachment in a broader way has been chosen. MCM was formed in the year 2020, but a part of this was earlier existing in the form of Industrial Model Township (IMT) and had been abuzz with Industrial activities for about two decades. The entire area of MCM is covered by Development Plan of Gurgaon-Manesar Urban Complex (GMUC), 2031 for the purposes of its planning and regulated development. However, ten rural settlements and their surroundings falling in the jurisdiction of IMT, present a gloomy picture of unauthorised constructions and encroachment. The dense horizontal and vertical expansion with little or no facilities and services make these villages most unhealthy ones.
The newly formed Municipal Corporation Manesar (MCM) with an area of 124 sq. kms covers revenue estates of thirty villages with a total population of 1.23 lacs.
Manesar Corporation area is traversed by three major roads almost in its periphery. Among ten village settlements falling in the IMT, villages of Manesar, Khoh, Naharpur Kasan, Badha and Bas Khusla present a picture of high density of population, congestion, narrow stinking streets with open drainage, shortage and wastage of water and escalating crime. Narrow streets in these villages can’t allow the fire tenders to move in the event of fire.
Unauthorised constructions taking place in the green belts along scheduled roads and urban settlements of Haryana is playing havoc in the life of its citizens. The towns and cities of Haryana are witnessing haphazard growth in the form of unauthorised constructions and encroachment. This has resulted into traffic jams, congestion, crime, degradation of environment due to faulty waste management, water and air pollution, heat islands and spatial disorder. These outcomes not only create unhealthy conditions but also distortion in the overall development and push the spatial order, sustainability and resilience into jeopardy. These illegal and unauthorised constructions shape into three formulations. One is the unauthorised colonies and constructions in the form of building falling in the urban areas/ controlled areas/green belts along scheduled roads declared and notified by the Department of Town and Country Planning Haryana. The second one is the violations made in the sanctioned building plans.The building bye- laws are violated while doing construction or after the completion of the construction. The third type is the encroachment over the common panchayat/ government and other’s land. Despite having development control and regulations with building codes in the towns and cities, unprecedented violations are being noticed through out in the state.
Any type of unauthorised and illegal constructions play havoc with the citizens of that area. The encroachment on the roads and in the markets throughout the state especially, old towns and cities is rampant. All the shopkeepers in the towns and cities keep their products right on the right – of- way or many a times just on the carriageway of the designated roads. These towns and cities cause congestion, fatal accidents and environmental degradation.
The Consequences faced by Citizens:
The consequences faced by the citizens and public are listed below :
a) It is unhealthy and degrade quality of life of our citizens.
b) Among social problems such constructions exacerbate crowding, poverty and inequality.
c) These constructions degrade the environment of the area.
d) Such constructions lead to huge losses to the public and also state exchequer.
e) These create problems in providing utilities and public services
f) Problems are faced in smooth and safe movement of vehicular traffic, cyclists and pedestrians.
g) Their regularisation from time to time by government encourage others to follow wrong and illegal practices.
h) Such constructions create congestion and vehicular emission.
i) Encroached upon roads and streets cause more accidents.
j) Such constructions help increase air and water pollution.
k) These constructions help create heat islands in the cities and towns contributing in the climate change.
The practice of regularisation of unauthorised colonies and illegal constructions further encourage citizens to take up unauthorised and illegal constructions. Under provisions of the Panjab Schedule Roads and Controlled Areas Restrictions of Unregistered Development Act, 1963, green belts of 30-50 Meters have been notified along all the notified scheduled roads in the State of Haryana. With this mandatory provision it was made clear that all green belts would be free from all constructions except the existing structures or buildings at the time of Gazette notification. But the State Government in a decade and half back, through an ordinance, declared that all working dhabas will be regularised and approved. The permission accorded encouraged others to raise unauthorised constructions in the notified green belts. This decision exacerbated the unauthorised built-up areas in the green belts. Apart from this, most of the roads passing through the settlements are encroached upon by the unscrupulous business- men and shopkeepers at the cost of overall safety, convenience, economy, trade and commerce and environment.
Two important physical entities of Shivalik and Aravalis ranges, one in the north – east and another in the south and south-west of the State are of ecological and environmental importance which are witnessing unauthorised and illegal construction, mining, felling of trees and poaching crying for protection and safety from unscrupulous persons. Despite a number of decisions and orders by Supreme Court, High Court and NGT, their protection has yet to see the light of the day.
The urban policy and changing building codes made in the last 8-9 years, instead of improving sustainability and health of the towns and cities, proved beneficial only to the powerful and the rich – the real estate, builders and businesses in the State. Some efforts made against the violations by the Department of Town and Country Planning Haryana in Gurugram and other cities are merely the ephemeral attempts and not sufficient. Rampant unauthorised constructions and encroachment are taking place in almost all the towns and cities.
Most of the EWS houses allotted by the government have been cornered by the rich and powerful and building codes of these houses have been seriously violated. Even the green belts along National and State Highways passing through the town and cities are not spared. Earlier an enforcement wing created by the department at the head office has lost its relevance. Thus, we notice that unauthorised constructions and encroachment play havoc in the lives of individuals, communities and the environment.
The major concern of this article is to make citizens and the democratic institutions aware of the menace of unauthorised and illegal constructions and encroachment and appeal the local-self and state governments to bring a legislative mechanism involving local communities in informed enforcement and decision-making processes and take into account the spatial, legal, social, economic, and environmental dimensions. It would strengthen our democratic institutions and enforcement structure.
Besides, public awareness be emphasized not only by educating citizens but also by public representatives about the risk and consequences of the unauthorised constructions and encroachment. Scrupulous and conscientious citizens should be so vigilant that they compel the political parties to include the issue of unauthorised constructions and encroachment in their election agenda and manifesto to take remedial measures.
The Government must emphasize the alternate schemes of industrial and institutional housing apart from affordable housing for slum and other weaker sections of our society in the informal sector. For this, legal mechanism be devised for the industrial entrepreneurs and others to collaborate in improving housing stock especially for the informal sector.
