Almost every day we find headline news in the media that demolition and bulldozer action against encroachment took place in different places in one or more than one state. It is now a common scene in most of the cities that some portion on both sides of the roads is already encroached that generally creates traffic problems.
It is also a fact that thousands of cases are pending in different courts related to encroachment of land or property or both by different persons and organisations.
Interestingly, the growing incidence of encroachment is not
restricted to physical property only, rather it’s multi-dimensional in nature.
The land area of any country is defined, demarcated and limited until and unless the country encroaches the land of any neighbouring country by force or deceit or manipulation.
The owners of the land are mostly documented in land records of the government. In a very few cases where the actual owner is no more and there are no legal claimants of the land or building, the property can be said to be lying as it is or disputed. As such, in all other cases there should not be any question of not knowing the owner of the property.
So far as the government land and building are concerned, all valid documents are and should be available with the government. It being so, how is it possible to encroach the government land by any one - individual, group or organisation – religious, educational and others, without any information to the concerned government office for months together? In a number of cases the suitable remedial action is not initiated even after receiving the written complaints to that effect.
Ironically, in many cases spread across the country, not only the government lands were encroached or grabbed in an unauthorised and illegal manner, but also buildings were constructed based on the map approved by the municipal authorities. Similar is the situation with encroached private properties.
This raises many grave and
disturbing questions. Isn’t it?
In today’s world of fast communication, it is not at all difficult for the local administration to know or find out the incidence of encroachment. Only by taking a round of one’s command area with an open eye to observe keenly the new developments in the intervening period from the last visit; by talking to the ground level staff working in that area; by encouraging inhabitants residing there and media persons for genuine feedback; by randomly selecting any area for discreet inspection about encroachment; and by taking other area-specific and need-based measures, majority of encroachment cases can be detected by the concerned government functionary. Once the administration has such information, the follow-up actions can very well be initiated without any delay as per the prevailing law.
Undeniably, delays create many unnecessary problems such as
manipulation and corruption by the administrative staff, resentment of common
people, financial loss to the government etc.
Interestingly, the encroachment is a mindset which can be seen in the behaviour and actions of many people, particularly those holding some position of power or are closer to power centres.
Did you get me? Let me elaborate.
Day in and day out, we find known faces on television screens shouting over one another during a panel discussion on a particular topic or subject to put forth their point of view despite the anchor’s repeated request to talk only when their turn comes. Obviously, it is nothing but the reflection of the encroaching mentality of the erring panellist. He or she intends to encroach upon the time allotted to the other member on the panel. Similarly, you may find people breaking the queue by encroaching on the rights of several people standing in the queue as responsible citizens, for a couple of minutes or hours.
This set of people always try to encroach upon the opportunity, liberty, peace of mind and other constitutional rights of the common people.
Precisely speaking,
encroachment is to be seen not just as an event, but as a mindset and effective
remedial steps by the administration, judiciary and civil society must be taken
on a priority basis. Severe punishment to the erring officials for ignoring,
delaying, conniving, manipulating and indulging in corrupt practices must be
ensured without any delay or excuse.
As always, I'm keen to know what you think on this subject. Hence, I request you to post your comments to share your valuable opinion. (hellomilansinha@gmail.com)
# Published in my Sunday Column of "Morning India" daily. 
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