Chandigarh
,
Khuda Ali Sher
,
Chandigarh
Published :
Apr 2018
|
Updated :
Chandigarh Administration Demolishes 50 Illegal Buildings around Sukhna Lake, Residents Protest
Reported by
Damandeep Singh
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
600
Households affected
2880
People affected
2012
Year started
103
ha.
Land area affected
600
Households affected
2880
People Affected
2012
Year started
103
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The enforcement wing of Chandigarh Administration razed 50 illegal structures in Khuda Ali Sher village in April 2018. These structures fell outside _lal dora. _
_Lal dora refers to village land used for non-agricultural purpose, such as keeping livestock. The revenue department marks these areas by tying a red thread (lal dor) as its boundary. Any construction in this area is considered illegal.
The demolition drive was carried out after directions from the Punjab and Haryana High Court, which had originally ordered the demolishing of the "illegal" buildings in 2003. According to reports, the buildings had been constructed on the catchment area of Sukhna Lake, which is prohibited by the law.
Officials from the Estate Office demolished the buildings with excavators and bulldozers under heavy police presence. The residents staged a protest and raised slogans against the administration and the Union government. They alleged that the administration had carried out the demolition drive without serving any prior notice, giving them no time to move their household items and added that the government had not provided them with any rehabilitation. According to officials, there is no legal provision to rehabilitate 'encroachers'.
Over the years, there have been reports of similar conflicts across villages in Chandigarh.
In August 2016, a newspaper
_reported: "According to the data of the department of rural development and panchayats, of the total area of 6,334 acres of villages under the jurisdiction of Chandigarh Administration, there is unauthorised construction beyond _lal dora _on 254 acres. In the last one year, the Estate Office has issued around 610 notices for illegal construction outside _lal dora _in different villages."

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area, Non-agri rural enterprise

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Chandigarh Administration

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Indian National Congress (INC) , Bhartiya Janta Party (BJP)

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Damandeep Singh

Damandeep is a research scholar in the Department of Political Science, Panjab University, Chandigarh, and Assistant Professor (Political Science) in Trai Shatabdi Guru Gobind Singh Khalsa College, Amritsar. He is interested in understanding the politics of heritage and its impact on contemporary cityscapes. He has completed his Master’s in Political Science from Panjab University.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area, Non-agri rural enterprise

Whether the project was stalled due to land conflict

Source/Reference

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