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Rajasthan High Court Halts Land Deals Under Controversial New Law Pending PIL Verdict
In a significant interim move, the has issued notices to the state government, , and multiple authorities in a filed by Shreyansh Mehta and Mahesh Chandra Tak. The division bench, comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Baljinder Singh Sandhu , declared that any actions under , will be subject to the final outcome of the case . This order, passed on , effectively pauses controversial land transactions amid allegations of legislative overreach.
Anatomy of a Legislative Flashpoint
The PIL strikes at the core of the 2025 amendment, which inserts Section 100A to retrospectively vest lands at 's disposal and grant it sweeping powers over land use changes, building permissions, and lease modifications. Petitioners argue this was a direct response to judicial rebukes against —a company under the , not a —for overstepping into municipal and planning domains.
Events escalated when
allegedly ignored High Court orders quashing conversion permissions and mandating
, instead facilitating constructions and supplementary lease deeds for private entities like
. The amendment, per the PIL, nullifies these judicial wins by condoning all prior acts
"
."
Petitioners Cry Foul: "Colorable Legislation to Shield Illegality"
The petitioners paint a damning picture:
's actions bypassed constitutional mandates under
for municipal governance, undermined urban planning, and eroded the
. They contend the law is a
"
"
designed to protect illegal constructions and evade judicial scrutiny, violating
.
Key allegations include granting change-of-use permissions and extensions despite lacking statutory authority, with the amendment now placing it "beyond judicial scrutiny." The PIL demands an independent probe into systemic abuses, financial assessments, record preservation, and restraints on ongoing constructions.
Respondents, including the , , , , and even Union of India ministries, have yet to file replies as notices return in six weeks.
Court's Prudent Intervention: Safeguarding the
The bench's order underscores judicial caution in the face of potentially transformative legislation. By tagging all Section 100A actions to the PIL's resolution, the court prevents that could render a favorable ruling moot. Notices were dispatched via ordinary process, registered post, and 'dasti' for swift service.
This interim relief aligns with broader principles of , ensuring legislatures cannot retrospectively validate executive excesses without scrutiny. While no precedents were directly cited in the order, the PIL invokes the doctrine against colorable legislation and affirms basic structure limits on amendments.
Key Observations
"It is made clear that any action being taken in terms of Section 100-A of theshall be subject to the decision of this case."
— Rajasthan High Court Order,
"The impugned amendment... is not abut aintended solely to nullify binding judicial determinations..."
— Excerpt from PIL arguments, as noted in court proceedings
"was merely a company incorporated under the, and did not fall within parameters of."
— Core contention in the petition
Ripple Effects: A Test for Land Governance in Rajasthan
The ruling freezes potentially dozens of -facilitated deals, compelling stakeholders—from developers to officials—to await clarity. A final verdict could redefine 's role, reinforce municipal primacy in urban planning, and set boundaries on retrospective validations.
For now, this PIL spotlights tensions between development ambitions and constitutional guardrails, with the High Court poised to arbitrate.
