Parliament Question: Unauthorized Constructions on Public Land

GOVERNMENT OF INDIA MINISTRY OF HOUSING AND URBAN AFFAIRS LOK SABHA UNSTARRED QUESTION NO. 2013 TO BE ANSWERED ON JULY 30, 2026 UNAUTHORIZED CONSTRUCTIONS ON PUBLIC LAND NO. 2013 SHRI KISHORI LAL:

PROF. SOUGATA RAY:

Will the Minister of HOUSING AND URBAN AFFAIRS be pleased to state:

(a) whether the Government is aware of the increasing instances of unauthorised construction of residential, commercial and institutional buildings on public land and encroached Government land in various parts of the country, especially in metropolitan cities;

(b) if so, the details thereof during the last five years, State/UT-wise;

(c) whether the Government has conducted any survey or assessment to identify buildings constructed on encroached public land or without obtaining mandatory approvals from the competent authorities and if so, the details thereof;

(d) the action taken against persons, builders, developers and officials found responsible for permitting or facilitating such illegal constructions; and

(e) the measures taken/proposed to be taken to ensure removal of unauthorised structures, restoration of public land and implementation of transparent, technology-based building permission and monitoring systems across the country? ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HOUSING AND URBAN AFFAIRS (SHRI TOKHAN SAHU)

(a) to (e): As per entry 18 and 35 of List II - State List of the Seventh Schedule of the Constitution of India, ‘Land’; ‘Colonization’ and ‘Works, land …2/--2- and buildings vested in or in the possession of the State’ are State subjects, respectively. Further, as per entry 2 of Twelfth Schedule of the Constitution of India, ‘Regulation of land-use and construction of buildings’ is the subject of Urban Local Bodies (ULBs). Therefore, the matters related to illegal encroachment of land fall under the jurisdiction of the respective State Government/Union Territory (UT)/ULBs. The State-level authorities use applicable laws to remove encroachments on land under their jurisdiction.

However, as far as properties of Land & Development Office (L&DO) of the Ministry of Housing and Urban Affairs in Delhi are concerned, cases of encroachment are dealt through administrative action and instrumentalities like the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

With respect to Central govt. vacant land parcels of L&DO in other states, the same have been assigned to Central Public Works Department (CPWD) for care & maintenance. CPWD has informed that cases of encroachments have been observed at 20 locations, some of which are under litigations.

The CPWD regularly monitors the land under its jurisdiction and takes measures for removal of encroachments/unauthorised structures through legal actions. *****