IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
PRAKASH GUPTA, SUNIL AMBWANI, JJ.
Saket Colony Samiti, Adarsh Nagar, Jaipur & Ors. - Petitioners
Vs.
State of Rajasthan & Ors. - Respondents
CIVIL WRIT PETITION NOS. 7101/2011, 8325/2014
Decided on: 20.2.2015
Writ petition disposed of.
[kM~Mk ¼dPph½ cLrh fuokfl;ksa dk iquokZl vkSj iqu% O;oLFkkiu & djhc 504 >qXxh >kSifM+;ksa ds fuokfl;ksa us vkn'kZ uxj ds 55 Hkw[kaMksa ij vfrØe.k fd;k vkSj muesa ls 109 vukf/kd`r vf/kHkksfx;ksa us jkLrs ds vf/kdkj ij vfrØe.k fd;k & U;k;ky; ds funsZ'kksa ds rgr lHkh lEcfU/kr ljdkjh foHkkxksa ds mPpkf/kdkfj;ksa okyh mPp Lrjh; lfefr us viuh cSBd dh vkSj vfrØfe;ksa dh nqnZ'kk ij fopkj djus ds ckn nks pj.kksa esa mudk iquokZl djus dk fu.kZ; fd;k & izFke pj.k esa 109 vf/kHkksfx;ksa ds iquokZl o 'ks"k vf/kHkksfx;ksa dk N% ekg ds Hkhrj ikyM+h eh.kk esa U;wure vkjf{kr nj ij Hkw[k.M vkoafVr djus ds fu.kZ; dks U;k;ky; us vuqeksfnr fd;k & [kkyh fd;s x;s 55 Hkw[kaMksa dh uhykeh vf/kHkksfx;ksa dks izkFkfedrk nsrs gq, izfØ;kuqlkj djus ds funsZ'k fn;s & vfHkfu/kkZfjr & mBk;h xbZ vH;kifr;ka feF;k fopkfjr gSA ¼in la[;k 8 ls 13½
fjV ;kfpdk,a fuLrkfjr dhA
1. We have heard learned counsels appearing for the parties.
2. This writ petition, for resettlement and rehabilitation of residents of kachi basti, which is also known as 'Khadda (Kachi) Basti' adjacent to Saket Colony, Jaipur with about 504 dwellers in the slum, part of which is spread out on the road, is pending since 2011. A number of orders have been passed in this writ petition, for rehabilitation, in terms of the decisions of the Supreme Court, and of various other High Courts, including the judgment of Delhi High Court in Sudama Singh & Ors. Vs. Government of Delhi & Anr. [WP(C) 8904/2009 dated 17.12.2009].
3. It is admitted that the entire Khadda Basti has been developed, by making encroachments over a part of the Colony, known as 'Adarsh Nagar', with settlers after partition for rehabilitation of displaced persons, which could not be auctioned. The 55 plots, which were under supervision of the Jaipur Development Authority, after they were transferred to it by the Rehabilitation Department, could not be auctioned, due to unauthorized occupation and encroachments, started over these carved out plots, from the very beginning, and which has grown with time, converting it into a slum with no civil amenities, like authorized water and electricity connections, sewer lines and metallic roads inside the basti.
4. The number of residents in the 'Khadda Basti' kept on increasing from time to time, and that, the entire area, including two main roads as well as anterior roads, inside the Colony, have been consumed by the unauthorized constructions by its occupants. The State of Rajasthan, has made a Policy of rehabilitation of the residents of unauthorized colonies (Kacchi Bastis), under which a large number of residents of slums were rehabilitated from time to time. The residents of 'Khadda Basti' have however, insisted for regularization of occupation, at the same place.
5. Several orders were passed in the writ petition, for ascertaining the policy of rehabilitation, and for carrying out surveys for ascertaining the number of persons for their rehabilitation, and finally, in pursuance to the order dated 6.5.2014 passed by the Court, a meeting of the High Level Committee was convened, attended by Commissioner, Jaipur Development Authority; Chief Executive Officer, Nagar Nigam, Jaipur; Additional Advocate General, Rajasthan High Court, Jaipur, representing the State Government in the writ petition; Joint Secretary-III, Urban Development & Housing Department, Secretariat, Jaipur; Senior Joint Legal Remembrancer, Urban Development & Housing Department, Government of Rajasthan, Jaipur, Director (Law); Jaipur Development Authority, Jaipur, Additional Commissioner (Rehabilitation), Jaipur Development Authority, Jaipur; Smt.Naina Saraf, the Counsel appearing for the Nagar Nigam, Jaipur in Rajasthan High Court, Jaipur; and the Assistant Government Advocate, Urban Development & Housing Department, Secretariat, Jaipur. The persons present in the meeting are the highest functionaries of the Jaipur Development Authority and Nagar Nigam, Jaipur, and those of the Rehabilitation Department and the Urban Development & Housing Department. They associated the Additional Advocate General and Counsel appearing for Jaipur Development Authority and Nagar Nigam, Jaipur to avoid any disobedience of any directions issued by the Court and to make constructive suggestions. The Committee took the decisions as follows:-
(i) The 109 unauthorized occupants, in the Khadda (Kacchi) Basti in Saket Colony, who have encroached on the right of way, will be rehabilitated in Paldi Meena. It will take about three months' time.
(ii) Remaining persons will be slowly and gradually removed and rehabilitated.
(iii) The Additional Advocate General be given the entire list of kacchi bastis in Jaipur City, which were found in the surveys, giving the list.
(iv) The Commissioner, Jaipur Development Authority informed that six months' time may be taken from the Court, for removing
SupremeToday
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.