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Encroachment on Public Property and National Highways: Legal Procedures Explained

Encroachments on public property or national highways pose significant challenges to public safety, infrastructure, and citizens' rights. Whether it's unauthorized structures on roadsides, illegal occupations of government land, or obstructions in public spaces, addressing these issues requires strict adherence to legal procedures. This blog post explores the legal procedures and actions related to encroachment on public property or national highways, drawing from key Indian court judgments and statutes to provide clarity for affected parties, authorities, and the public.

Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your situation, as outcomes vary by facts and jurisdiction.

Understanding Encroachment on Public Lands

Encroachment refers to unauthorized occupation or construction on government-owned land, including national highways, state roads, public premises, and water bodies. Courts have consistently held that such actions infringe on public rights and must be dealt with decisively but fairly.

• Public highways and properties are held in trust for citizens, protected under doctrines like the public trust doctrine T. K. Shanmugam Secretary, C. P. I. (M) North Chennai District Committee VS State of Tamil Nadu Rep. , by its Secretary to Govt. , Department of Revenue, Fort St. , George, Chennai - 2015 Supreme(Mad) 3276.


• Greedy encroachments on highways, water bodies, and government lands violate basic rights of road users T.SIVAKUMAR vs THE DISTRICT COLLECTOR - 2023 Supreme(Online)(Mad) 81140.

In one case, the court noted: Greedy men are encroaching upon the Government lands, water bodies and Highways lands, thereby causing infringement of the basic rights of other fellow citizens T.SIVAKUMAR vs THE DISTRICT COLLECTOR - 2023 Supreme(Online)(Mad) 81140.

Key Legal Frameworks Governing Encroachments

Several statutes outline procedures for identifying and removing encroachments:

1. Public Premises (Eviction of Unauthorized Occupants) Act, 1971

This Act empowers authorities to evict unauthorized occupants from public premises. Key provisions include:
- Issuance of show-cause notices before eviction Maganlal Chaganlal Private: Parwatibai Pundalik Legad: Umar Habib: Bibi Batool: Parwatibai Pundalik Legad VS Municipal Corporation Of Greater Bombay: Principal Judge, City Civil Courts: J. R. Vimadalal: Enquiry Officer: Principal Judge, City Civil Courts - 1974 Supreme(SC) 155.
- Powers granted to commissioners for eviction if rent/taxes unpaid for over two months or subletting occurs Maganlal Chaganlal Private: Parwatibai Pundalik Legad: Umar Habib: Bibi Batool: Parwatibai Pundalik Legad VS Municipal Corporation Of Greater Bombay: Principal Judge, City Civil Courts: J. R. Vimadalal: Enquiry Officer: Principal Judge, City Civil Courts - 1974 Supreme(SC) 155.

The Supreme Court emphasized: Under Section 105B Commissioner by notice served on person in unauthorised occupation, could ask him to vacate Maganlal Chaganlal Private: Parwatibai Pundalik Legad: Umar Habib: Bibi Batool: Parwatibai Pundalik Legad VS Municipal Corporation Of Greater Bombay: Principal Judge, City Civil Courts: J. R. Vimadalal: Enquiry Officer: Principal Judge, City Civil Courts - 1974 Supreme(SC) 155.

2. State-Specific Highway Protection Acts

• Tamil Nadu State Highways Act, 2001 (Section 28): Mandates procedures for removal, including notices and monitoring committees Mohanraj.V.R.P vs The Union of India - 2023 Supreme(Online)(MAD) 2878.


• Kerala Highway Protection Act: Requires demarcation, notices under Section 15(2), and eviction only after due process ANU JAYACHANDRAN vs SMT VIJAYA KUMARI - 2018 Supreme(Online)(KER) 66855.

Courts direct: Authority under Section 28 of the Tamil Nadu State Highways Act, 2001 and all appropriate actions are directed to be initiated to remove the encroachments in the Highways by following the procedures as contemplated Mohanraj.V.R.P vs The Union of India - 2023 Supreme(Online)(MAD) 2878.

3. Code of Criminal Procedure (CrPC), 1973 - Section 144

Used for urgent situations threatening public tranquility, such as protests encroaching public spaces like Ramlila Maidan In Re : Ramlila Maidan Incident Dt. 4/5. 06. 2011 VS Home Secretary, Union Of India - 2012 2 Supreme 36.
- Orders must be in writing, based on material facts, and provide reasonable time for compliance.
- Police action (e.g., lathi charge) must follow guidelines; undue haste is arbitrary In Re : Ramlila Maidan Incident Dt. 4/5. 06. 2011 VS Home Secretary, Union Of India - 2012 2 Supreme 36.

The court held: An order under Section 144 Cr.P.C. being an order which has a direct consequence of placing a restriction on the right to freedom of speech and expression... should be an order in writing In Re : Ramlila Maidan Incident Dt. 4/5. 06. 2011 VS Home Secretary, Union Of India - 2012 2 Supreme 36.

4. Other Relevant Acts

• Bihar Public Land Encroachment Act, 1956: Summary eviction barred if ownership disputed; claims must be adjudicated Bijay Kumar Poddar vs The State of Bihar - 2024 Supreme(Online)(Pat) 3691.


• Kerala Land Conservancy Act: Notice mandatory before eviction RADHAKRISHNA PILLAI Vs STATE OF KERALA - 2021 Supreme(Online)(KER) 41742.


• Land Acquisition Act, 1894 (Sections 17): Urgency clauses misused in some cases, requiring inquiry under Section 5A GAJRAJ VS STATE OF U. P. - 2011 Supreme(All) 2893.

Step-by-Step Legal Procedures for Removal

Authorities must follow a structured process to ensure due process under Articles 14, 21, and 300A of the Constitution:

1. Survey and Identification: Conduct joint inspection to confirm encroachment B.Manikandan vs The District Collector - 2025 Supreme(Online)(Mad) 64719.


2. Issue Show-Cause Notice: Provide opportunity to respond with title documents Bijay Kumar Poddar vs The State of Bihar - 2024 Supreme(Online)(Pat) 3691.


3. Hearing and Verification: Adjudicate claims; cannot decide title summarily PARADAN ABDULLA vs STATE - 2013 Supreme(Online)(KER) 28991.


4. Eviction Order: Only if unauthorized; use minimal force In Re : Ramlila Maidan Incident Dt. 4/5. 06. 2011 VS Home Secretary, Union Of India - 2012 2 Supreme 36.


5. Monitoring Committees: Divisional/District committees oversee in states like Tamil Nadu Reeta .R vs The Additional Chief Secreta - 2023 Supreme(Online)(Mad) 83318.


6. Post-Removal: Recover costs under relevant acts Valliammal vs The Chief Engineer.

Failure invites judicial intervention: Property owners cannot be deemed encroachers without a proper statutory enquiry and personal hearing N.S. Venkatesh vs Union of India - 2025 Supreme(Online)(Kar) 19299.

Rights of Affected Parties and Authorities' Duties

Occupiers' Rights

• Settled possession protects against forcible eviction without process PARADAN ABDULLA vs STATE - 2013 Supreme(Online)(KER) 28991.


• Right to hearing; regularization possible only via policy, not arbitrarily T. K. Shanmugam Secretary, C. P. I. (M) North Chennai District Committee VS State of Tamil Nadu Rep. , by its Secretary to Govt. , Department of Revenue, Fort St. , George, Chennai - 2015 Supreme(Mad) 3276.


• Constitutional safeguards under Articles 19(1)(a), (b), and 21 In Re : Ramlila Maidan Incident Dt. 4/5. 06. 2011 VS Home Secretary, Union Of India - 2012 2 Supreme 36.

Authorities' Obligations

• Act as trustees; cannot regularize en masse without public interest S.N. Duraisamy S/o Late Nataraja Gounder vs District Collector, Erode - 2025 Supreme(Mad) 3670.


• Prompt action on complaints; avoid delay causing third-party rights GAJRAJ VS STATE OF U. P. - 2011 Supreme(All) 2893.


• Police permission needed for dharnas, but objectively granted In Re : Ramlila Maidan Incident Dt. 4/5. 06. 2011 VS Home Secretary, Union Of India - 2012 2 Supreme 36.

In highway cases: The jurisdiction under Article 226 mandates the removal of confirmed illegal encroachments on government land by following appropriate legal procedures B.Manikandan vs The District Collector - 2025 Supreme(Online)(Mad) 64719.

Landmark Court Observations

• Supreme Court on Public Order: In Baba Ramdev case, midnight eviction criticized; reasonable notice prerequisite In Re : Ramlila Maidan Incident Dt. 4/5. 06. 2011 VS Home Secretary, Union Of India - 2012 2 Supreme 36.


• High Courts on Highways: Consistent directions for surveys, notices SUNIL K.K. Vs CHOONDAL GRAMA PANCHAYATH - 2019 Supreme(Online)(KER) 28684.


• Environmental Angle: Mining encroachments banned without sustainable compliance M. C. Mehta VS Union of India - 2004 4 Supreme 685.

Individuals in settled possession of premises cannot be forcibly evicted without adherence to established legal processes PARADAN ABDULLA vs STATE - 2013 Supreme(Online)(KER) 28991.

Challenges and PILs

Public Interest Litigations (PILs) succeed if bona fide, not personal vendettas P.SANKARA PILLAI Vs THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA - 2020 Supreme(Online)(KER) 4572. Courts quash hasty actions but uphold genuine removals.

Key Takeaways

• Always Follow Due Process: Notices, hearings mandatory to avoid quashing.


• Public Interest Paramount: Encroachments harm all; swift but fair action needed.


• Seek Remedies: File objections, writs under Article 226 if procedures flouted.


• Prevention Better: Authorities must monitor; citizens report via representations.

Encroachments undermine infrastructure, but blind evictions violate rights. Balancing act requires procedural rigor. For specific cases, professional advice essential.

Disclaimer: Laws evolve; this synthesizes precedents as of available data. Not substitute for legal counsel.