Allahabad HC: No Right to Conduct Regular Religious Congregation on Public Land; Private Use Also Subject to Regulation
“Freedom, in a constitutional society, is always accompanied by responsibility towards others.”
Public Land
Yamuna Flood Plains can’t be encroached under pretext of Graveyard or any other purpose; Delhi High Court issues restoration directions
In the flood plains, people cannot be allowed to make their houses, tenements, sheds, etc., under the pretext of graveyard or for any other purpose.
Rajasthan High Court dismisses plea challenging demolition drive on encroachments in Ummed Sagar Dam catchment area
“The petitioners are, undisputedly, encroachers and, therefore, no indulgence can be granted by this Court.”
Delhi HC directs DDA & MCD to frame rules on levy of charges for illegal encroachment on public land
The Court stated that for ascertaining the charges to be recovered from the encroacher, the land-owning authorities shall consider the area of encroached land, period for which the encroached land was illegally used, the market price or circle rate of the encroached area.
[Right to Way] Delhi High Court permits demolition of parts of Mandir and Masjid to make the pedestrian pathway uniform
The Delhi High Court held that places of worship could not encroach on public land and therefore, permitted demolition of parts of Mandir and Masjid to make pedestrian pathway uniform.
State obligated to remove unauthorized constructions from public land, but if it is a religious structure, can State still be obligated to do so? Del HC addresses
Delhi High Court: Expressing that, the mere fact that certain encroachments represent religious structure cannot possibly detract State from its obligation, Yashwant
Bom HC | Negligent approach of Govt & a cascading effect: Mere right of rehabilitation will be equivalent to right of ownership? Detailed report on how slum dwellers encroached public land and claimed their right
Bombay High Court: While emphasizing the aspect of encroachment of public land, the Division Bench of Dipankar Datta, CJ and G.S. Kulkarni,
Kenya SC | “Where the landless establish homes on public land, they acquire a protectable right to housing over the same”; Court relies on International customary laws
Supreme Court of Kenya: The 5-Judge Bench of D. K. Maraga, CJ, P. M. Mwilu, DCJ, M. K. Ibrahim, S. C. Wanjala,