Is damaging public property, An offence or not?

As per the Prevention of Damage to Public Property Act, 1984. It’s a offence.

Short title, extent and commencement.

It extends to the whole of India except the *State of Jammu and Kashmir.*

(3) It shall be deemed to have come into force on the 28th day of January, 1984.

2. Definitions.—In this Act, unless the context otherwise requires,:-

(a) “ *Mischief* ” shall have the same meaning as in section 425 of the Indian Penal Code (45 of 1860);

(b) “ *Public property* ” means any property, whether immovable or movable (including any machinery) which is owned by, or in the possession of, or under the control of:-

(i) *The Central Government* ;
or
(ii) *Any State Government* .
or
(iii) *Any local authority* ;
or
(iv) *Any corporation established by, or under, a Central, Provincial or State Act.*

Then why Sr. Officers of Noida Authority support the Management of M/s Manav Rachna School in offence of Illegal cutting of divider near Gate no-8 of Sector-51, Noida provided by govt. between main road and slip roads by M/s Manav Rachna school, D-196, sector- 51 Noida on 24-7-2018.*

A delegation of RWA Sector 51 Noida consisting eight members of its Managing Committee met Addl. CEO of Noida Authority on 25-7-2018 (Wednesday) who has issued illigal orders to our RWA to open gate no- 8 of our sector for misuse of our gate for their illigal activities against the interest of our residents. We gave a written letter to the officers against Manav Rachna illegal activities but he have failed to initiate any action against the school but on the contrary they are pressurising us to open our gate. The residents of our Sector-51 are fully against this.

Then we also met Chairman & C.E.O of Noida Authority Sh. Alok Tandon ji on Same day (Wednesday) in board room he assure us for corrective action against the School.

The following illegal activities being carried out by the Manav Rachna school, sector 51, Noida:-

(1) On *24 -7-2018* the management of Manav Rachna school of sector 51 Noida has cut the divider near Gate no-8 of sector-51, Noida provided by govt. between main road and slip road towards sector-72.

This is on main slip road and they have cut it for their use without govt permissions.

There was no provision / proposal for any cut / U turn on the slip road near to their school. This is a crime the management of manav rachna school has committed without any authority from govt./ Noida authority.

(2) It is learnt that the management of this school has some settings in Noida Authority to commit this crime. And it is with the connivance with the very Sr. Officers of Noida Authority who have called our sector RWA , office bearers and was very rude to them and have directed them to provide all facilities to the school failing which strict action will be taken against the RWA -51.

(3) The management of this school is executing the sovereign work i.e. cutting of road and creating U turn near their school without any authority.

(4) Such work are to be executed by Noida authority and not by interested private parties like Manav Rachna school in violation of all government rules and regulations.

(5). Such action on the part of Manav Rachna management will create bad precedent and in future all institutions will cut roads near their office/ factory make U turn in violation of govt rules and planning.

(6) This will create anarchy in the city and every wealthy person will start encroachment on public and private property as such it will be a *Gunda Raj* and it will encourage to *Gunda Raj* in the city .

(7) The management of Manav Rachna school has already encroached in the residential area of sector 51 Noida and opened three illegal gates there.This is in violation of sanctioned building plan of the school from building cell of Noida authority.

(8)The Chief architecture planner (CAP), of Noida authority has already issued three notices to the school authorities to close the illegal gates opened by them in residential area of sector 51 Noida (copy attached).

*Extract of the notices given by chief architecture planner (CAP) of Noida authority to M/s Manav Rachna school is given below:-*

*(1) *बिना अभियोग प्रमाण पत्र प्राप्त किए भवन परिसर में स्कूल चलाया जा रहा है।*

(2) *निर्मित में निर्माणाधीन भवन के मध्य बैरीकेटिंग नहीं लगाए गए हैं।*

(3) *स्वीकृत मानचित्रों के विपरीत डी- ब्लॉक, सेक्टर 51की ओर गेटो का निर्माण किया गया है।*

Sir, it is requested to kindly step in the matter urgently to stop illegal work being carried out by Manav Rachna school and restore public order .

Sir, this is high time to send correct message to all encroachers to stop all illegal activities.

Sir, my specific request to your honour is to register an F.I.R under relevant sections of IPC and Cr PC to send right message to all land grabbers and encroachers on public and private land / properties so that other criminals do not dare to commit such crime.

The officers of Noida authority are supposed to register F.I.R against them but they don’t do that, because of the pressure of the higher officers.

This RWA requested to CHIEF MINISTER OF UTTAR PRADESH SHRI YOGI ADITYANATH JI and Chairman and Chief Executive officer of Noida authority to kindly order strict action against the manav rachna school.

Regards

Sanjeev Kumar
General Secretary
RWA, Sector 51