Court Directs Formation of Committee to Address Disputes and Compensate or Reallocate Plots to Lawful Allottees
In a significant ruling, the Rajasthan High Court has directed the Jodhpur Municipal Corporation to act decisively and fairly in addressing the issue of encroachments on commercial plots at the Kabir Nagar Commercial Scheme. The decision, pronounced by Justice Anoop Kumar Dhand, highlights the Municipal Corporation's obligation to adhere to the principles of fairness, rule of law, and justice in handling the allotment and possession of plots.
The case was brought forward by petitioners Smt. Kiran, Santosh Singh, and Mohammed Aslam, who sought possession of commercial plots allotted to them but remained encumbered due to alleged encroachments. The Court underscored that the Municipal Corporation's failure to hand over possession despite full payment by the petitioners was unjustifiable and violative of constitutional rights under Articles 14 and 300A.
The Court has ordered the formation of a committee comprising officials from the Local Self Government Department, the District Collector, and the Commissioner of the Jodhpur Municipal Corporation to resolve the disputes. This committee is tasked with hearing representations from all involved parties and deciding on their claims with reasoned orders.
Furthermore, the Court emphasized the doctrine of promissory estoppel, holding that government agencies must uphold commitments made to citizens. The Municipal Corporation was instructed to offer compensation or alternative plots to those entitled if the current plots could not be handed over due to encroachments.
Addressing environmental concerns, the Court directed that any removal of trees during the process must be countered by planting ten new trees for each one removed, ensuring sustainable urban development.
The decision is expected to expedite the allotment process, stalled for years, and restore faith in government agencies' promises. The Municipal Corporation has been given a three-month deadline to implement the Court's directives and report back on compliance.
Bottom Line :
Municipal Corporation must act in a fair and reasonable manner, adhere to the Rule of Law, and ensure rightful possession of plots to allottees while addressing encroachments.
Statutory provision(s):
Constitution of India, 1950 Articles 14, 21, 300A; Rajasthan Municipalities Act, 2009
Smt. Kiran v. Municipal Corporation, Jodhpur, (Rajasthan) : Law Finder Doc id # 2965163
