Removal of Encroachments - Governance in...

[email protected]

February 2011

Governance Knowledge CentrePromoted by Department of Administrative Reforms and Public GrievancesMinistry of Personnel, Public Grievances and Pensions, Government of Indiahttp://indiagovernance.gov.in/

Researched and Documented by

OneWorld Foundation India

Removal of EncroachmentsMaintaining Communal Harmony

Transparency and Accountability

Governance Knowledge CentrePromoted by Department of Administrative Reforms and Public Grievances

Ministry of Personnel, Public Grievances and Pensions

Government of India

Table of Contents

Executive Summary ................................

Background ................................

Objective ................................................................

Working Design ................................

Methodology ................................

Key Stakeholders ................................

Lessons Learned ................................

Conclusion ................................

Appendix A - Interview Questionnaire


Centre Promoted by Department of Administrative Reforms and Public Grievances


Researched and documented by


Removal of Encroachments

Communal Harmony

................................................................................................

................................................................................................................................

................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

Interview Questionnaire ................................................................

Case Study Urban Development

Removal of Encroachments – Maintaining

Communal Harmony

February 2011

1

.................................................................. 2

................................................ 3

..................................................... 3

........................................ 4

.............................................. 6

....................................... 6

........................................ 6

................................................. 7

................................................................. 8




Government of India

Executive SummaryOver the years, many religious structures

constructed on main roads of Jabalpur city in Madhya Pradesh. This has resulte

gatherings by the roadside, thus creating mobility problems for the general public. No action

could be taken in this regard earlier as these religious places were directly linked to the

sentiments and emotions of the common man. Construction of r

carried out by one person or an organisation and was later leased out to somebody else to run

and administer the constant flow of offerings. Hence, for those involved in construction, it was

an attractive business opportunity.

To address this situation, the then District Collector (DC) applied a well

using excellent interpersonal skills to convince the community in the removal of the structures

from the clogged roads and busy intersections in communally sensi

remarkable part of the operation was that it was carried out in broad daylight, with the locals in

good attendance and without any form of protest, communal discord or an unpleasant law and

order situation.

At first, local and religious leaders and citizens opposed the plan. As such, it became essential

that sentiments were not hurt in order to ensure the peaceful removal of the structures. The

general public was gradually made to realize that the constructi

the development of their city roads. This was achieved by involving the community as well as

the administration, police, businessmen and politicians in discussions on the matter.

Once the leaders were convinced that what was

religion or community, but was instead focused on the development of the city, they were able

to influence the rest of the community members.

Five hundred and sixty six religious places were identified as illegall

were removed during the tenure of the then DC and to date, it has come to more than 400. All

demolitions were carried out by following the standard procedures laid out by

Corporation Act of MP, 1956, MP Revenue code 1959

the decision of the former MP High Court on writ petition 2214/2005.







Communal Harmony

Executive Summary many religious structures - temples, mosques, and churches

constructed on main roads of Jabalpur city in Madhya Pradesh. This has resulte



sentiments and emotions of the common man. Construction of religious sites was typically



an attractive business opportunity.

To address this situation, the then District Collector (DC) applied a well


from the clogged roads and busy intersections in communally sensitive districts. The most





general public was gradually made to realize that the construction was illegal and hindering



Once the leaders were convinced that what was happening was not against any particular


to influence the rest of the community members.

Five hundred and sixty six religious places were identified as illegally constructed and 311

during the tenure of the then DC and to date, it has come to more than 400. All

demolitions were carried out by following the standard procedures laid out by

Corporation Act of MP, 1956, MP Revenue code 1959, and the MP Public Places Act 2001 and

the decision of the former MP High Court on writ petition 2214/2005.



Communal Harmony

February 2011

1

temples, mosques, and churches – have been

constructed on main roads of Jabalpur city in Madhya Pradesh. This has resulted in huge



eligious sites was typically



To address this situation, the then District Collector (DC) applied a well-planned approach,


tive districts. The most





on was illegal and hindering



happening was not against any particular


y constructed and 311

during the tenure of the then DC and to date, it has come to more than 400. All

demolitions were carried out by following the standard procedures laid out by the Municipal

, and the MP Public Places Act 2001 and




Government of India

Background Many religious places of worship have encroached upon main roads in Jabalpur city. These

places were used for organising festivals and

public gatherings where a number of people

would gather on the roadside, resulting in

chaotic streets that led to public

Removal of encroachments of a religious

nature on public roads and lands without

hurting religious sentiments is difficult. Led

by the district collector (DC), an anti

encroachment drive was undertaken in

Jabalpur district in 2005. A peace commit

conducted several rounds of meetings to

decide the modalities of removal of religious structures.

The DC also called on religious gurus, collectively and individually. After gaining much

support from the various interest groups, 311 structures out of

relocated during September 2005 to June 2008, without disrupting communal harmony. This

decreased the number of road accidents that followed while it promoted development work

under the JNNURM and other schemes. Citizens are now act

encroachments.

Objective The drive aimed to recover valuable government land from encroachment, discourage further

encroachment in the form of religious places and finally, to pursue development efforts on the

freed land.

Overall, the programme seeks:

• To recover valuable government land that has been encroached upon

• To discourage the tendency of encroachment on government property in the garb of

religious places, without agitating the local community

• To further the development of







Communal Harmony

Many religious places of worship have encroached upon main roads in Jabalpur city. These

places were used for organising festivals and

public gatherings where a number of people

would gather on the roadside, resulting in

chaotic streets that led to public disputes.

Removal of encroachments of a religious

nature on public roads and lands without

hurting religious sentiments is difficult. Led

by the district collector (DC), an anti-

encroachment drive was undertaken in

Jabalpur district in 2005. A peace committee

conducted several rounds of meetings to

decide the modalities of removal of religious structures.


support from the various interest groups, 311 structures out of 556 were demolished or



under the JNNURM and other schemes. Citizens are now active in preventing fresh

The drive aimed to recover valuable government land from encroachment, discourage further


the programme seeks:

To recover valuable government land that has been encroached upon

To discourage the tendency of encroachment on government property in the garb of

religious places, without agitating the local community

To further the development of the city

Figure 1: Demolition drive in operation



Communal Harmony

February 2011

1

Many religious places of worship have encroached upon main roads in Jabalpur city. These


556 were demolished or



ive in preventing fresh

The drive aimed to recover valuable government land from encroachment, discourage further


To recover valuable government land that has been encroached upon

To discourage the tendency of encroachment on government property in the garb of

Demolition drive in operation




Government of India

Working Design Authorities collected and collated five years of

data on road accidents that had taken place

near different religious structu

then highlighted in various formal and

informal forums. During these

there was a nearly unanimous agreement that

there had been an avoidable loss of life due to

the illegal construction.

The challenge was to gain the support of the

‘silent majority’. To do so, the DC leveraged

‘Traffic safety week’ to highlight the hurdles to

safe travel and emphasised the man

wasted in guarding places of worship during

communal flare-ups and its ad

regular policing.

Identification of Religious Structures:

An impartial approach was taken to identify religious structures that encroached upon

government property. A team consisting of revenue authorities, municipal and police officials

was formed at each level of police. The teams visited all religious locations, with land records,

to determine whether the structures were illegally constructed on government land. Historical

materials including the gazetteer and the Nazool (city maps) w

measurement was conducted in the presence of the community members along with caretakers

of the religious places. Initially, the surveying was carried out to quantify the number of

encroachments and area encroached upon. Later, the su

of construction, religious ceremonies conducted in the buildings in question, and financiers of

the places of worship.

The information gathered through surveys was shared with all stakeholders at police stations

in the presence of the Sub-Divisional Magistrate and Superintendent of Police. The procedure

was done so in this transparent manner so as to check for any inadvertent mistakes that could

have been made during the investigation and collection of information.

assessment of the anticipated reaction from the community was also made.







Communal Harmony

Authorities collected and collated five years of

data on road accidents that had taken place

near different religious structures. This was

then highlighted in various formal and

informal forums. During these discussions,

there was a nearly unanimous agreement that

there had been an avoidable loss of life due to

The challenge was to gain the support of the

‘silent majority’. To do so, the DC leveraged

‘Traffic safety week’ to highlight the hurdles to

safe travel and emphasised the man-hours

wasted in guarding places of worship during

ups and its adverse impact on

Identification of Religious Structures:





materials including the gazetteer and the Nazool (city maps) were referred to and



encroachments and area encroached upon. Later, the survey was expanded to include the year



Divisional Magistrate and Superintendent of Police. The procedure


have been made during the investigation and collection of information.


In one presentation during Traffic safety

week, the District Collector presented the

number of accidents that had occurred in

Jabalpur on various roads. He then showed

how they correlate with encroachments but

with only a vague

encroachments as religious places. Almost

everybody, including the Mayor, voiced

his/her concern as to why the

administration was not doing anything on

this issue and if a drive would be initiated

so citizens could support the endeavour.

This was widely publicised through print

and visual media. Mobilisation of support

was further accomplished through peace

meetings.



Communal Harmony

February 2011

1





ere referred to and



rvey was expanded to include the year



Divisional Magistrate and Superintendent of Police. The procedure


have been made during the investigation and collection of information. During this time, an


In one presentation during Traffic safety

week, the District Collector presented the

number of accidents that had occurred in

Jabalpur on various roads. He then showed

how they correlate with encroachments but

with only a vague reference to the

encroachments as religious places. Almost

everybody, including the Mayor, voiced

his/her concern as to why the

administration was not doing anything on

this issue and if a drive would be initiated

so citizens could support the endeavour.

his was widely publicised through print

and visual media. Mobilisation of support

was further accomplished through peace




Government of India

Including all stakeholders through meetings:

Since demolition of religious structures is a sensitive issue, the district administration took

precautions to avoid negative confrontations with the public. Meetings were held at police

stations in preparation for handling any kind of reaction that may come from communities if

and when sentiments were hurt. The district administration identified all actors directly

connected to the affairs of the structures and engaged them in dis

MLAs, ex-MLAs, councillors

included in meetings.

Jabalpur already had a fairly established practice of organisi

to any major festival. It consisted of an informal organisation of political executives, local

leaders and respectable citizens, practicing different religions and representing all walks of life.

It is presumed that committee members exercise control over their communities, groups,

associations and constituencies.

In this case, peace committee meetings were held to address the issue of illegal encroachment

on government land and build consensus on a solution. The peace co

in its inaugural meeting largely due to political and faith

the peace committee built up enough support for a demolition drive. This prepared all

stakeholders for the demolitions that lay ahead.

Gradual demolition process:

Demolition of religious structures in Jabalpur was not done in haste. Each time a road was

identified for development, all religious structures that stood on it were documented and

negotiations for their removal followed. The

any and all reservations regarding the selection, process and timings of demolitions. For every

drive, man, material and machinery was assessed and land reclaimed from demolition was

immediately taken up for development.

Respect for religious sentiments during demolitions:

Priests and maulvis were persuaded to conduct prayers before demolitions and religious attire

for government employees was organised. Idols were then removed in the most respectful

manner. Once a deity was shifted, the structures were pulled down. While huge idols were

submerged in the Narmada river, smaller ones were allowed to be taken by the community,

obviating the need for relocation; in the case of mazaars,

not damage anything that might be buried beneath the ground.

1 Tombs of Islamic saints







Communal Harmony

Including all stakeholders through meetings:


d negative confrontations with the public. Meetings were held at police



nnected to the affairs of the structures and engaged them in discussions. Local leaders,

ouncillors, ex- Councillors and peace committee members were also

Jabalpur already had a fairly established practice of organising peace committee meetings prior



ttee members exercise control over their communities, groups,

associations and constituencies.


on government land and build consensus on a solution. The peace committee faced resistance

in its inaugural meeting largely due to political and faith-based concerns. However, gradually,


stakeholders for the demolitions that lay ahead.



negotiations for their removal followed. The negotiations were done at three levels to address



r development.

Respect for religious sentiments during demolitions:



er. Once a deity was shifted, the structures were pulled down. While huge idols were


obviating the need for relocation; in the case of mazaars,1 extra precautions were taken, so as to

not damage anything that might be buried beneath the ground.



Communal Harmony

February 2011

1


d negative confrontations with the public. Meetings were held at police



cussions. Local leaders,

Councillors and peace committee members were also

ng peace committee meetings prior



ttee members exercise control over their communities, groups,


mmittee faced resistance

based concerns. However, gradually,




negotiations were done at three levels to address





er. Once a deity was shifted, the structures were pulled down. While huge idols were


extra precautions were taken, so as to




Government of India

Methodology The GKC Research team chose to document ‘Removal of Religious Structures

Communal Harmony’ for its success in promoting developm

The team referred to the government website for background information and conducted a

telephonic interview with the DC to understand the implementation in detail.

Key Stakeholders The Jabalpur district administration is th

direction, the police authorities, revenue administrators, local councillors and priests play their

respective roles in supporting and executing demolitions.

Outcomes

• Empowered citizens prevent future

public authorities via SMS/phone

• Due to state’s acceptance as one of the best practices worth emulating, State District

Magistrates and Superintendent Police are under moral pressure and public scrutiny to

continue the initiative in the long run.

districts of M.P.

Lessons Learned 1. Impartiality in enforcing rule of law

religion associated with the identified str

church; they strictly adhered to the norms that define land encroachment. They were

dedicated to recovering government property and utilising it for development purposes

including the provision of welfare s

congestion. Prior to the project, most of the religious structures were either on main roads

or in public areas such as parks. The reclaimed land was either converted into parking

places, pedestrian pathways o

funds from JNNURM.

2. Appropriate communication strategy adopted for consensus building:

challenges faced was the lack of communication between various stakeholders and hence, a

clear understanding of the issues across actors. To overcome this, the administration

examples from history and from other countries

Peace committee meetings were held and used as important forums to reach the common

man and build a consensus amongst the political executives, local leaders and religious







Communal Harmony

The GKC Research team chose to document ‘Removal of Religious Structures

Communal Harmony’ for its success in promoting development through sensitive processes.



The Jabalpur district administration is the head of operations. Under the District Collector’s


respective roles in supporting and executing demolitions.

Empowered citizens prevent future encroachment of government land by informing the

public authorities via SMS/phone

Due to state’s acceptance as one of the best practices worth emulating, State District


ontinue the initiative in the long run. This process has now been initiated in several

Impartiality in enforcing rule of law: The district administration did not pay heed to the

religion associated with the identified structures –as in whether it was a temple, mosque or



including the provision of welfare services to the citizens and prevention of road



places, pedestrian pathways or rededicated as parks. Roads were also widened through

Appropriate communication strategy adopted for consensus building:


understanding of the issues across actors. To overcome this, the administration

examples from history and from other countries to communicate a convincing message.





Communal Harmony

February 2011

1

The GKC Research team chose to document ‘Removal of Religious Structures – Maintaining

ent through sensitive processes.



e head of operations. Under the District Collector’s


encroachment of government land by informing the

Due to state’s acceptance as one of the best practices worth emulating, State District


This process has now been initiated in several

: The district administration did not pay heed to the

as in whether it was a temple, mosque or



ervices to the citizens and prevention of road



r rededicated as parks. Roads were also widened through

Appropriate communication strategy adopted for consensus building: One of the biggest


understanding of the issues across actors. To overcome this, the administration quoted

to communicate a convincing message.






Government of India

priests. Once in agreement, there was a

remain intact after the demolition.

3. Well prepared: Once the peace talks concluded, large scale preparations for further

demolition were made and additional police officers were informed and stationed at

demolition sites and communally sensitive areas. Executive magistrates and police officials

were duly briefed to show restraint

ups happened and law and order was maintained in the city.

Conclusion This practice is relevant in the Indian context more than in any other country because of its

large population and diversity in faith. The problem of encroachment on government land in

the garb of religious faith is not limited to one city or state in the country. This practice has not

only stopped people from violating the rules of public property, but

downturn in all kinds of encroachments on public land.

deepened, and pollution and road accidents have decreased.

The act of removing illegally constructed places of worship required exemplary leadershi

consensus building and use of appropriate communication strategies. The District Collector

convinced all local elected representatives, religious gurus, priests, citizens to support the

drive. Close coordination and handling of issues of Police, Munic

authorities, priests and local leaders made the demolition process possible with little disruption

to law and order. District authorities ensured transparent and uniform removal of religious

encroachments of all faiths on governme

removed from the site immediately, and development work commenced the next day. This

gave no opportunity for citizens to complain; rather, it encouraged them to act as pressure

groups for the future removal of structures.

Research was carried out by OneWorld Foundation India (OWFI), Governance Knowledge Centre (GKC) team.

Documentation was created by

For further information, please contact







Communal Harmony

priests. Once in agreement, there was a reasonable guarantee that law and order would

remain intact after the demolition.

Once the peace talks concluded, large scale preparations for further


and communally sensitive areas. Executive magistrates and police officials

riefed to show restraint in all circumstances. With such preparation, no flare

ups happened and law and order was maintained in the city.

This practice is relevant in the Indian context more than in any other country because of its

population and diversity in faith. The problem of encroachment on government land in


only stopped people from violating the rules of public property, but

encroachments on public land. Overall respect for the law has

deepened, and pollution and road accidents have decreased.

The act of removing illegally constructed places of worship required exemplary leadershi



drive. Close coordination and handling of issues of Police, Municipal Corporation, Revenue


District authorities ensured transparent and uniform removal of religious

encroachments of all faiths on government land. It was also well managed so both debris was



val of structures.

Research was carried out by OneWorld Foundation India (OWFI), Governance Knowledge Centre (GKC) team.

Documentation was created by Research Associate, Attrika Hazarika

For further information, please contact Naimur Rahman, Director, OWFI, at [email protected]



Communal Harmony

February 2011

1

guarantee that law and order would

Once the peace talks concluded, large scale preparations for further


and communally sensitive areas. Executive magistrates and police officials

in all circumstances. With such preparation, no flare

This practice is relevant in the Indian context more than in any other country because of its

population and diversity in faith. The problem of encroachment on government land in


only stopped people from violating the rules of public property, but has also led to the

Overall respect for the law has

The act of removing illegally constructed places of worship required exemplary leadership in



ipal Corporation, Revenue


District authorities ensured transparent and uniform removal of religious

nt land. It was also well managed so both debris was



Research was carried out by OneWorld Foundation India (OWFI), Governance Knowledge Centre (GKC) team. ttrika Hazarika

[email protected]




Government of India

Appendix A - Interview

1) What motivated the government to adopt such a practice in Madhya Pradesh? Why is the

demolition necessary/important?

How is ‘encroachment’ defined? For example, does it depend on the date of erection,

existence etc? According to our background research, the process seems to have been

carried out in three steps: building awareness (through traffic safety week), identifying

encroachments (through state and local teams), and planning/execution (involving citizens,

police enforcement, etc.). Can you elaborate on each step in this process? How were people

made aware of the issue? Was the issue namely that road accidents were increasing around

encroached upon areas?

a) How was the public mobilised to be in favour for demolishing religious structures that

was encroaching government land?

b) What arrangements were made at the policy level to support the anti

practice?

c) What preparations were

demolitions?

d) How was the encroached land identified by the government? Please provide us with a

detailed step-by-step methodology?

2) What were the challenges faced and how were these overcome?

3) Can this procedure be replicated elsewhere? If yes, how?

4) What are the requirements for maintaining communal harmony from a government’s

perspective?

5) What kind of developmental work/government schemes have been carried out post

removal of religious structures?

6) What about other types of construction that encroach government land? Is there any

measures taken to recover them?

7) How is such a practice relevant in the Indian context? What are the reasons for calling it a

good governance practice?







Communal Harmony

nterview Questionnaire

What motivated the government to adopt such a practice in Madhya Pradesh? Why is the

demolition necessary/important?

defined? For example, does it depend on the date of erection,



ugh state and local teams), and planning/execution (involving citizens,



How was the public mobilised to be in favour for demolishing religious structures that

was encroaching government land?

What arrangements were made at the policy level to support the anti

What preparations were taken to avert any violent reactions during or after

How was the encroached land identified by the government? Please provide us with a

step methodology?

What were the challenges faced and how were these overcome?

cedure be replicated elsewhere? If yes, how?

What are the requirements for maintaining communal harmony from a government’s

What kind of developmental work/government schemes have been carried out post

removal of religious structures?

out other types of construction that encroach government land? Is there any

measures taken to recover them?

How is such a practice relevant in the Indian context? What are the reasons for calling it a

good governance practice?



Communal Harmony

February 2011

1

What motivated the government to adopt such a practice in Madhya Pradesh? Why is the

defined? For example, does it depend on the date of erection,



ugh state and local teams), and planning/execution (involving citizens,



How was the public mobilised to be in favour for demolishing religious structures that

What arrangements were made at the policy level to support the anti-encroachment

taken to avert any violent reactions during or after

How was the encroached land identified by the government? Please provide us with a

What are the requirements for maintaining communal harmony from a government’s

What kind of developmental work/government schemes have been carried out post

out other types of construction that encroach government land? Is there any

How is such a practice relevant in the Indian context? What are the reasons for calling it a

Removal of Encroachments - Governance in...

Documents

Transcript of Removal of Encroachments - Governance in...