The Supreme Court on Monday stayed further action by the housing board in the 42-bigha land dispute located on Tonk Road's B2 Bypass area and directed the authorities not to demolish the remaining 10 houses until the pending appeal before the Rajasthan High Court is decided.
Court's Observations
The apex court observed that, prima facie, the state high court division bench's decision to vacate its earlier stay order dated April 21, 2026, did not appear appropriate. Following the lifting of the stay on May 18, the Housing Board had initiated demolition action against constructions on the disputed land.
Petitioner's Arguments
The order came while disposing of a Special Leave Petition (SLP) filed by Shri Ram Colony Vikas Samiti challenging the high court division bench's May 18 order. The petitioner argued that no application seeking vacation of the stay had been filed by any party, yet the division bench lifted the stay suo motu. This raised concerns about procedural fairness and the rights of the affected residents.
The Supreme Court directed that any future plea for vacating the stay be decided only after hearing all the parties. This ensures that the residents of the colony have an opportunity to present their case before any further demolition takes place.
Background of the Dispute
The land in question, spanning 42 bighas, has been a subject of contention between the housing board and the residents of Shri Ram Colony. The residents claim that they have been living on the land for decades and have legitimate rights over their properties. The housing board, on the other hand, asserts that the land belongs to it and that the constructions are illegal.
Earlier, the Rajasthan High Court had granted a stay on demolition on April 21, 2026, providing temporary relief to the residents. However, the division bench vacated that stay on May 18, leading to the housing board's demolition drive. The Supreme Court's intervention has now put a halt to further demolitions until the high court decides the appeal.
Implications
The Supreme Court's order is a significant relief for the residents of Shri Ram Colony, who were facing the threat of losing their homes. The court's emphasis on hearing all parties before any future vacation of stay underscores the importance of due process in such matters. The case now returns to the Rajasthan High Court, which will hear the appeal and determine the final status of the disputed land.
This development highlights the role of the judiciary in protecting the rights of citizens against arbitrary administrative actions. The residents await the high court's decision, hoping for a just resolution to the long-standing dispute.
