Court Orders Authorities to Provide Fair Hearing and Compensation Before Demolishing Properties
In a significant ruling, the Rajasthan High Court has directed the authorities to halt the demolition of properties for road expansion in Sri Ganganagar, ensuring that the due process of law is followed. The judgment, delivered by Justice Anoop Kumar Dhand, arose from a series of writ petitions filed by Ram Prasad and others against the State of Rajasthan. The petitioners contested the authorities' actions to demolish their properties without adhering to legal procedures.
The court emphasized the necessity of following Articles 14, 21, and 300-A of the Constitution, which protect citizens from arbitrary actions by ensuring equality, life, liberty, and property rights. It held that the authorities must provide a fair hearing and adequate compensation to rightful property owners before proceeding with any demolition.
The case centered around the implementation of a Master Plan for 1981-2001, which designated the land for an 80-feet-wide public road. The Urban Improvement Trust (UIT) of Sriganganagar had issued notices to the petitioners, claiming their properties encroached on the planned road. However, the court found that the authorities did not provide the petitioners with an opportunity to present their case, violating principles of natural justice.
The court ordered the formation of a committee to review each case, ensuring that property owners have a chance to defend their rights. If the committee finds any petitioner has a legitimate claim, they are to be compensated adequately, either through payment or land allocation under government schemes.
Moreover, the court directed that for every tree removed during road construction, ten new trees must be planted to maintain environmental sustainability. This judgment underscores the balance between urban development and individual rights, setting a precedent for future infrastructure projects in Rajasthan.
Bottom Line :
Urban Development - Authorities cannot demolish properties or dispossess occupants without following due process of law, ensuring fair hearing and compensation in cases of rightful possession.
Statutory provision(s):
Articles 14, 21, and 300-A of the Constitution of India, Rajasthan Urban Improvement Act, 1959 Sections 5 and 6, Rajasthan Land Revenue Act, 1956 Section 90-B(1)
Ram Prasad v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2965157
