By ARUN PRATAP SINGH
Garhwal Post Bureau
Dehradun, 12 Sep: The Uttarakhand government has issued a fresh Standard Operating Procedure (SOP) for the removal of encroachments across the state. The Government has now made it mandatory for the officials concerned to follow specific rules before taking any action against illegal constructions or occupations.
Under the new SOP, authorities would have to issue a 15-day notice before removing or demolishing any encroachment. This notice is to be sent by registered post, pasted on the property concerned, and must also be reported to the District Magistrate’s office. Additionally, a nodal officer will be appointed at the District Magistrate’s level to oversee the process.
Under the new SOP, a digital portal will be created within three months of the SOP’s implementation to store and record all relevant details. In cases where there is provision for appeal, the affected party will be given an opportunity to present their case, and the competent authority will be required to provide clear reasons for its decision. Once a demolition order is issued, the encroacher will have 15 days to voluntarily remove the illegal structure. However, this provision will not be applicable if the matter is sub judice or if a stay order has been granted by a court.
Before any demolition, a detailed report must be prepared and signed by two witnesses, and the entire procedure will have to be videographed to maintain transparency. Information about the officers and employees present at the site will also have to be documented. The new SOP includes a stringent accountability clause stating that if the demolition is later found to be unlawful or if a court stay order had already been obtained, the responsibility will rest entirely with the officer concerned. In such cases, the officer will have to personally compensate for the demolished structure and also bear the cost of reconstruction.
It may be recalled that there is an intensive campaign underway in the state for the removal of encroachments and, in many cases, the matter has reached the courts. To streamline the process and ensure legal compliance, the administration has now formalised these guidelines.
Urban Development Department Additional Secretary Santosh Badoni stated that directions have also been issued at the court level on this matter, underscoring the need for an SOP. He said that, in light of the ongoing campaign and legal interventions, issuing a clear SOP for the removal of illegal encroachments had become necessary, and hence the government has now put it into effect. Independent observers however feel the new SOP is a step towards ensuring accountability, it also has the potential to discourage the officials from taking proactive action against encroachments.
