Modern satellite mapping needed to detect encroachments, illegal constructions: Supreme Court

The Supreme Court recently batted for employing modern technology like satellite mapping and geo-fencing to detect and control illegal constructions and encroachments [MC Mehta vs Union of India and ors]. .A Bench of Justices Sanjay Kishan Kaul and AS Oka noted that a proper alignment of the maps generated by the two techniques after allowing for permissible variations would provide necessary details regarding encroachments." ... the aspect of Satellite mapping and Geo fencing is extremely important considering that the unauthorized construction is a perennial problem. It is necessary that the modern technologies for Satellite mapping of lands and buildings to detect encroachments and unauthorized/illegal constructions and Geo fencing of lands/premises for prompt monitoring and control takes place," the Court said.The top court was hearing pleas regarding de-sealing of properties in Delhi.In 2006, the Supreme Court had formed a monitoring committee that was tasked to look into and inspect on use of residential premises for commercial purposes. Further, in 2018, a Special Task Force (STF) constituted was authorised to remove encroachments on public property, while the committee was to suggest areas needing the STF's immediate action. In 2020, the Supreme Court said that the committee had exceeded its brief in ordering the sealing of properties, leading to the present litigation. In March, the top court had accepted the suggestions by the Amicus Curiae to take up a batch of applications dealing with desealing of properties for hearing as per their categorisation..In the present hearing, the Court dealt withSatellite mapping to detect encroachment of landsUnauthorized/illegal constructions Illegal occupation of lands/premises.Counsel for the respondents, the Central government, apprised the top court regarding the steps taken towards using modern satellite mapping and geo-fencing in this regard. In Delhi, satellite mapping of lands and digitisation of cadastral maps (comprehensive real-estate records) has been completed under the Digital India Lands Records Modernization Programme, pursuant to which either high-resolution satellite imagery are to obtained from agencies or make use drone photography, the Bench was told.Subsequently, geo-fencing, which is fixing reference points along the boundary of the areas selected for mapping by the above means, will be carried out.Then these newly-obtained reference maps are superimposed with the existing ones, and later aligned with land records for necessary details, the order went on to note. In the national capital, this will be done based on building plans of the Delhi Development Authority (DDA), the order noted." ... aerial photography obtained from the Drone shall be superimposed on the Geo reference area development plans to detect unauthorized usage of lands for construction within the permissible zone. The aerial photography obtained from the drone needs to be verified with individually with the approved building plans by the DDA."On geo-fencing, the Court noted how the same would be ideal to monitor encroachments on water bodies, forests and mining areas. The judges took note of an existing scheme in this regard that has not been used effectively by States, and asked for a status report on the same from the State governments within four weeks. "We understand that there is a Government of India funded scheme for Presentation on Digital India Land Records Modernization Programme dated 11.01.2016. It appears that there has been very little use effectively by the States and the UTs, for obvious reasons. By adopting the technologies and the schemes of the Government of India the scope of human intervention is decreased and consequently the monetary intervention," the Court said. .The Bench also noted that the respondents did not provide office space to the Judicial Committee appointed through its last order in the matter, and asked the counsel for the Central government to do so within a week or face contempt of court proceedings.₹2.5 lakh per sitting was fixed as the fees for the committee, and its other expenses have to be settled by the Supreme Court Registry. The matter will next be heard on November 14.Senior Advocates S Guru Krishna Kumar, ADN Rao, and Anitha Shenoy assisted the Court as Amicus Curiae. Advocates Aarti Krupa Kumar, Ayushma Awasti, and Namrata Sarah Caleb were on the team of the Amicus.Additional Solicitor General Aishwarya Bhati appeared for the respondents. .[Read Order]