Saket Colony Samiti, Adarsh Nagar, Jaipur v. State of Rajasthan
2015-02-20
PRAKASH GUPTA, SUNIL AMBWANI
body2015
DigiLaw.ai
Order 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.
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 the remaining encroachments. Within six months, all the encroachments from inside the Khadda (Kacchi) Basti will be removed. (v) Khadda (Kacchi) Basti, which is removed, will be under the ownership of the Nagar Nigam, Jaipur, which will be permitted to auction the same.
Within six months, all the encroachments from inside the Khadda (Kacchi) Basti will be removed. (v) Khadda (Kacchi) Basti, which is removed, will be under the ownership of the Nagar Nigam, Jaipur, which will be permitted to auction the same. (vi) The land, which will be made available to the unauthorized occupants, by the Jaipur Development Authority, will be settled with them, on the minimum reserved price, fixed by Nagar Nigam, Jaipur, and which will be given to the Jaipur Development Authority. 6. The proceedings of the meeting dated 14.5.2014 were filed in Court, and have been challenged by the petitioners, representing the residents of Khadda Basti, on the ground that the meeting was held, contrary to the policy decision of the State Government, in which only the persons nominated by the State Government should take part for taking the decision, including the residents of the slums and the local residents, and to consider their objections. It is submitted that in some of the Kacchi Bastis in Jaipur, the residents of the slums were regularized at the same place, and that, only in respect of Khadda (Kacchi) Basti in Saket Colony, subject matter of the writ petition, a decision has been taken for rehabilitation of its residents. 7. We find all the objections to be misconceived, inasmuch as the meeting was held in pursuance to the directions issued by the High Court and the members of the meeting were the top functionaries of Municipal Bodies Incharge of the City of Jaipur, including the Commissioner, Jaipur Development Authority and the Chief Executive Officer of Nagar Nigam, Jaipur. The representatives of the Government as well as counsels appearing in the matter, were also included as members in meeting. The Committee has considered the plights of the residents of Khadda (Kacchi) Basti, and decided to rehabilitate them. 8. We do not find any substance in the objections raised, with regard to the composition of the Committee and the decision taken by it. The Committee consisting of top functionaries of the Jaipur Development Authority and Nagar Nigam, Jaipur, as well as the State Government, and the Additional Advocate General, cannot be said to be lacking in the authority, or the knowledge of the policy of the State Government, for rehabilitating those persons, who have unauthorizedly occupied public land and the roads.
The Committee consisting of top functionaries of the Jaipur Development Authority and Nagar Nigam, Jaipur, as well as the State Government, and the Additional Advocate General, cannot be said to be lacking in the authority, or the knowledge of the policy of the State Government, for rehabilitating those persons, who have unauthorizedly occupied public land and the roads. In order to implement the first phase of the decision of the Committee, which has been approved by us, we had requested the Municipal Commissioner of the Moti Dungari Zone, to carry out a survey of all those constructions, which have been made on the roads. 9. The Municipal Commissioner, Zone-5, in his report dated 30.1.2015, has pointed out that according to the PT Survey carried out with the help of the Master Plan, in respect of unauthorized occupants on the roads, the constructions, which have been made on the roads, were marked with “crosses”, and in which it was found that according to the PT Survey Plan, plots No.B-104 to B-116 were marked as 'A', plots No.B-104 to B-109 were marked as 'B', plots No.B-98 to B-121 were marked as 'C', plots No.B-121 to B-116 were marked as 'D'. The survey number and the name of the persons, who have encroached on the road, on both sides from the middle of the road, have been detailed in the report, numbering 57. The Municipal Commissioner reported that since large number of persons had collected, and that, the atmosphere was vitiated at the time of survey, he could not make any markings on the roads from plots No.B-125 to B-37, which was marked as “'Road No.E'. He however, has delineated these unauthorized constructions on the roads in the PT Survey Map, which has been prepared in accordance with the Master Plan, and is annexed to his report. 10. The Court has devoted sufficient time and had also directed the High Level Committee to consider the objections for rehabilitation of the persons/encroachers on the government land known as 'Khadda (Kacchi) Basti' in Saket Colony. The Committee has identified 109 occupants on the roads, who have made their unauthorized constructions, and that, in the first phase, they are required to be rehabilitated in Paldi Meena, and for this purpose, the Committee had fixed three months' time. For the remaining persons, six months' time was fixed.
The Committee has identified 109 occupants on the roads, who have made their unauthorized constructions, and that, in the first phase, they are required to be rehabilitated in Paldi Meena, and for this purpose, the Committee had fixed three months' time. For the remaining persons, six months' time was fixed. The time has long expired, after the proceedings of the meeting held on 14.5.2014. 11. We however, find that since we are accepting the report of the meeting of the Committee held in pursuance to the directions issued by this Court, the first phase of the removal of the unauthorized occupants on the roads, to be rehabilitated in 'Paldi Meena', will be carried out within three months from today. The Jaipur Development Authority will make allotments of land to the 109 occupants, who have encroached upon the roads in the first phase in Paldi Meena, within a period of one month. These occupants are given a total period of three months' time, from today for removing their encroachments and shifting to the plots allotted to them in Paldi Meena, which is at a distance of about 5 kms. from 'Khadda Basti'. These 109 occupants, occupying the roads in the 'Khadda Basti' will get two month's time to resettle at the place allotted to them. 12. For the remaining occupants in the 'Khadda Basti', steps will be taken to make allotments to them within next two months. We make it clear that the total number of these persons, including those, who will be rehabilitated in Paldi Meena, will not be more than 504, as reported in the earlier survey reports. The period for two months' time is allowed for allotment of land, for the remaining persons, who are occupying Khadda (Kacchi) Basti. They will shift to the place allotted to them in six months' time. The time for allotment and shifting for all the persons will start from today. 13. On the expiry of three months' time, 109 persons, who are occupying the roads, and on the expiry of six months, a special drive will be carried out jointly by the Jaipur Development Authority and Nagar Nigam, Jaipur for the eviction of all the unauthorized persons from 'Khadda Basti'. It will be open to the Jaipur Development Authority to auction the 55 plots, unauthorizedly occupied by the persons in 'Khadda Basti', in accordance with the procedure prescribed, within six months.
It will be open to the Jaipur Development Authority to auction the 55 plots, unauthorizedly occupied by the persons in 'Khadda Basti', in accordance with the procedure prescribed, within six months. The unauthorized occupants, who are directed to be evicted, will also be given an opportunity to participate in the auction of these 55 plots, strictly in accordance with the rules of auction, and all things being equal, including the highest bid, the persons, who are evicted, will be given priority in allotment. 14. The Additional Chief Secretary, Urban Development & Housing Department, Government of Rajasthan is made responsible for compliance of the order. 15. With these observations, the Writ Petitions are disposed of, with liberty to file contempt petitions, after giving notice to the authorities, if the orders are not complied with. The interim applications are also disposed of. 16. A copy of this order be placed in the connected file.