Q&A

Encroachment of the public paved road

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

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Question: There is an encroachment of the public paved road. Can anyone occupy a 60-year-old paved public road by saying that this has been made wrong? What is the legality of the road in Indian law? 

Asked from: Uttar Pradesh

Public road is a public property vested in the ownership of the government i.e. state. Any encroachment on public property is an offence. The police regulation act empowers the station house officer to immediately take action against the encroacher. 

Police have another option. It can send a report to the sub divisional magistrate under Section 145 crpc to take a bond from the encroacher and remove the encroachment on the public land. 

The Prevention of Damage to Public Property Act, 1984 also empowers the state machinery to take appropriate action against the person who is causing damages to the public property. A person who has encroached the public paved road is damaging that property. 

Thus, no one has the right to encroach on the public path, paved road, property etc. Public road is to be used by the public hence, any person can report the act of encroachment to the police, sub-divisional magistrate, district magistrate or file a public interest litigation. You can report against the encroachment of the public paved road.

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shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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