Tuesday, August 16, 2022

Rajasthan High Court dismisses challenge against Jaipur Development Authority resolution

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The Rajasthan High Court has disposed of a PIL, challenging a resolution passed by the Jaipur Development Authority (JDA) during its meeting of August 17, 2021 against agenda pertains to allotment of 50 sq yd of land in village Sarnachod to the nomadic and semi-nomadic choice for the residents.

It was resolved that in the village, out of the land of ownership of JDA 50 sq yd, each would be allotted to the families belonging to nomadic and semi-nomadic types.

The PIL has been filed by the residents of Sarnachod village.

Amit Jindal, Counsel for the petitioners, submitted that there was no land other than pasture land and land of the water body in the village, which can be used for such purpose. The resolution may therefore be quashed.

While considering the PIL, the Jaipur Division Bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal said that JDA has merely taken a policy decision to allot land up to 50 sq yd for nomadic and semi-nomadic citizens for residential purposes. There is no indication in the resolution that any part of the pasture land or the land of the water body would be used for such allotment.

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The Court, therefore, would not like to proceed on such a basis. If the authorities desire to settle landless people who have been living the lives of nomads, in principle there cannot be any objection.

In fact, the Counsel for the petitioners also clarified that they do not object to settlement of such families. However, such settlement should not be over land which is not allotable. This issue is premature and therefore the Bench does not propose to go into it in the present public interest litigation.

“Nothing stated in this order will prevent the petitioners from pursuing representation to the JDA. With these observations the Public Interest Litigation is disposed of,”

-the order read.

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