Rajasthan High Court Mandates Comprehensive Action Against Road Encroachments in Jaipur
In a significant ruling aimed at combating urban encroachments, the Rajasthan High Court has issued a directive requiring authorities to address illegal occupations across major roads in Jaipur. This mandate extends beyond the prominent Sirsi Road to include other critical state and national highways leading into the city.
Court Grants Six-Week Deadline for Jaipur Development Authority
The court has granted the Jaipur Development Authority (JDA) a strict six-week timeframe to take decisive action against encroachments along Sirsi Road, a vital thoroughfare that plays a crucial role in traffic flow into Jaipur. Simultaneously, the bench has ordered a comprehensive survey of all other major roads and highways entering the city to identify and address similar issues.
Legal Proceedings and Judicial Directives
The directive was issued during a hearing on March 28, presided over by a division bench consisting of Acting Chief Justice Sanjeev Prakash Sharma and Justice Shubha Mehta. The court was deliberating on a writ petition and a related contempt case concerning the JDA's handling of encroachment matters.
During the proceedings, JDA's counsel, Amit Kudi, informed the bench about ongoing efforts to clear encroachments on Sirsi Road. Kudi requested additional time for the authority to complete its work, noting that an affidavit had already been submitted in compliance with the court's earlier directive dated March 5.
Emphasis on Legal Protocols and Fair Procedures
The bench granted the requested extension but firmly reiterated that all actions must adhere strictly to established legal protocols. To ensure fairness and due process, the court ordered the JDA to issue notices under Section 72 of the authority's 1982 Act. This provision ensures that those affected by potential removal actions have a proper opportunity for a hearing before any final decisions are made.
Nevertheless, the court emphasized that once encroachments have been legally identified and confirmed, they must be removed promptly and without hesitation. The bench made it clear that where notices have been properly issued under the Act, no civil court or JDA tribunal shall intervene, as the matter remains under active consideration of the high court.
Compliance Report and Ongoing Monitoring
The JDA is now mandated to provide a detailed compliance report by May 13, outlining all measures taken to eliminate encroachments and ensure public roads remain accessible and lawful. This report must demonstrate concrete actions taken during the six-week period and provide evidence of the comprehensive survey conducted on other major roads.
The court's ruling represents a strong judicial stance against urban encroachments that compromise public infrastructure and traffic management. By setting clear deadlines, emphasizing legal procedures, and requiring detailed reporting, the high court aims to ensure systematic and transparent action from development authorities.
This directive comes as part of broader efforts to maintain urban order and ensure that public spaces, particularly critical transportation corridors, remain free from illegal occupations that can hinder mobility and urban development.
