Encroched public road can be regularised in India?
sanjeev murthy desai
(Querist) 13 August 2009
This query is : Resolved
In Karnataka, encroched the not using public road can be regularised under revenue act. I want to know about other states have any provisions in this regard. Thanks in advance
sanjeev desai
Kiran Kumar
(Expert) 13 August 2009
in Punjab i dont think there is any such provision for regularisation of such encroachments.
but illegally raised colonies are often reuglarised in Punjab.....u know Vote Bank Politics....so we are facing shortage of Agricultural land in Punjab.
Y V Vishweshwar Rao
(Expert) 13 August 2009
Dear Kiran You are Right !
Regularisation Under Revenue Act
Regualrisation Under Municipal/local bodies Act
The pulic Road can not be Regularised in BRS Schems in any State
Only thing is that , it must be first Declared that the Road is closed ie. not required for public purpose - it can be declared by Govt only - not by any other authority -
I know in Certain case - When unused Road is declared as not Road and used for Some other purposes by Govt !
In General in BRS - Building Regualrisation Scheme- a Building Constructed on Public Road by Encroachment of Public Road can not be reguialrised
Advocate SK Rohilla New Delhi
(Expert) 13 August 2009
No law in India provide for conversion of Illegal act into Legal Act.
A law which provide that public road which is closed and not used by public can be regularised, only encourage wrong doing.
The encroachment on public land differ from illegal colonisation.The encoachment on Public land is absolute illegal whereas illegal colonisation on agriculural or commercial land is mere irregularity which can be cured.
