PWD gets more teeth to tackle encroachers

Mukesh Tandon

Tribune News Service

Panipat, April 28

The state government has notified the Haryana Road Infrastructure Protection Act, 2017, by which the Public Works Department (Building and Roads) will got more power to deal with encroachers.

As per the Act, the Sub-Divisional Officer (SDO), executive engineer (XEN) and superintending engineer (SE) will work as the competent, confirmatory and appellate authorities, respectively.

Pradeep Atri, XEN, PWD (B&R), said, “The confirmatory authority and the competent authority have all the powers as vested in a civil court under the Code of Civil Procedure, 1908 (Central Act-5 of 1908), for performing any action under the Act.”

“No civil court should have jurisdiction to entertain or decide any question relating to the matter falling under this Act or the rules made there under,” he said.

On the occurrence of any prohibited activity, the competent authority could issue an order the person to stop it, he asserted. Besides, the competent authority could also pass an order to restore the status of the road infrastructure to its original position at the person’s expense and impose a fine on him, which could extend up to Rs5,000.

He said the aggrieved person could file objections against these orders to the confirmatory authority within three days and confirmatory authority might pass an order of confirming or setting aside the orders passed by the competent authority within five days.

An appeal against the order passed by the confirmatory authority should be entertained by the appellate authority only within the fixed time frame, added Atri.

What’s banned 

• To encroach upon government land under road infrastructure
• To raise any permanent, temporary or movable structure
• To misuse a road by erecting workshop and carrying out commercial activities, including tethering of livestock 
• To block or damage roadside drainage and cross drainage 
• To dig or damage road infrastructure without permission from competent authority