Illegal construction on public land is a pressing concern in India, especially in urban areas where land is scarce and public infrastructure is heavily burdened. Authorities deal with such encroachments by first identifying them through official surveys, public complaints, or inspections. These inspections are typically conducted by municipal bodies or land-owning authorities like the Public Works Department (PWD), Delhi Development Authority (DDA), or Indian Railways. Once an illegal construction is identified, a show-cause notice or demolition notice is issued to the occupant, demanding documents proving legal ownership and approved building plans within a stipulated period.

If the occupant fails to respond or provide valid documentation, the authorities proceed with demolition orders. The demolition is carried out using municipal staff and often with police support to prevent resistance. Laws such as the Delhi Municipal Corporation Act, 1957, and similar municipal statutes in other states empower the authorities to remove unauthorized structures. In cases involving forest land, riverbanks, or public roads, environmental and safety regulations are also invoked. If there is resistance or obstruction during the removal process, authorities may file criminal cases under the Indian Penal Code, such as for trespass (Section 447), cheating (Section 420), or disobedience to a public servant’s order (Section 188).

In many cases, occupants try to obtain legal relief by approaching the High Court or Supreme Court through writ petitions seeking a stay on demolition or eviction. However, courts have consistently held that illegal occupation of public land cannot be legitimized. In the landmark case Jagpal Singh v. State of Punjab (2011), the Supreme Court categorically ruled that encroachers have no legal right over public land and directed state governments to remove such encroachments. Only in rare humanitarian cases involving long-term settlements or government policy decisions might the court consider regularization.

To prevent illegal constructions in the future, authorities have started using satellite mapping, drone surveillance, and digitized land records to monitor land use. Policies like the PM-UDAY scheme in Delhi allow residents of certain unauthorized colonies to regularize their ownership, thereby clearly distinguishing between illegal and regularizable settlements. Thus, the legal and administrative approach to illegal construction on public land combines enforcement, legal scrutiny, and long-term policy planning to uphold the rule of law and protect public property.

illegal construction on public land is dealt with through legal action by local authorities. a notice is usually issued to the encroacher. if no response or action is taken, demolition is carried out. authorities may file a case in court for eviction. fines or penalties can be imposed. in some cases, police assistance is used. repeated offenders may face criminal charges.