Ranchi Municipal Corporation’s (RMC) move to use the ‘gifted land’ for parking purposes and construction of toilets after having taken possession from several land owners following a directive from the Jharkhand High Court has raised eyebrows.
The civic body’s inaction sparing the Government buildings under the drive has also raised heckles.
legal experts called it absolutely wrong to use it for any other purposes by the RMC, saying that no one has any right over the land other than the land owner himself.
‘Gifted land’ is a portion of land which the owner donates to the Government. As per the mandatory provision, every landholder has to donate a small portion of the front side of his/her land to the municipal authority for the sole purpose of road widening or construction of drains.
The land holder has to execute a ‘deed of gift’ at the time of map sanction, promising therein that he will leave a particular portion, which varies depending on the locality of his/her land vacant.
“A person, according to the law, has left the land for his convenience only having the only right over the land, but you cannot make any construction on it” said a senior lawyer requesting anonymity. “The State Government or the RMC cannot use it for any other purpose than for road widening and must pay compensation to the land owner, if it is acquired by them,” he added.
The lawyer said that it is the same land which is left vacant both in front or on its back when the map of any building is passed by the RMC.
“That land belongs only to the land owner, having sole right over it,” said the lawyer.
RMC officials said that the drive to take possession of the land gifted to the corporation will continue till July 27 as per the schedule fixed by them.
“Some of the acquired land might be used currently for parking purposes just to keep the acquired land in our possession else it will be encroached again by the land owners,” said Town Planner Uday Sahay. He said that possession of land in Circular Road, Morhabadi Road, lalpur Road, Bariatu Road, Kadru-Argora Road has been completed so far while the remaining roads will also be made encroachment free by July 27.
“No injustice will be done with anybody while executing the High Court’s order to demolish the encroached ‘gifted land’ for the expansion of roads in the State Capital,” said the Town Planner. Maps available with Ranchi Municipal Corporation (RMC) were being first matched with those provided by the land owners, only after that, illegal constructions were demolished, he added.
“We are taking proper care for the execution of High Court’s order and maps available with RMC are being matched first with the one provided by a land owner. Only after that we are demolishing the illegal construction identified by us,” said the Town Planner.
The High Court on May 4 last had directed the district administration to take possession of the encroached ‘gifted land’ from the land owners and file a status report by May 10, he added.
The RMC, however, coming into action within 24 hours of HC order, started a massive drive and demolished the illegal constructions on encroached ‘gifted land’ in the State Capital.
“We started from Siramtoli Chowk where the illegal encroachment by KFC was demolished.
At present, at least 20-25 locations have been demolished after identifying them which also include louis Phillipe Showroom and Big Bazaar in Main Road, Antu Chowk in Morhabadi also,” said Sahay. Fencing of Planet Fashion and Peter England outlets along with some locations in Kadru was also removed, he added.“The drive will be continued till possession of all gifted land is taken by the RMC,” said Sahay. Major roads will be cleared first, and then the smaller roads in the city will be made encroachment free.