Supreme Court Intervenes in Jaipur Road Widening Dispute, Stays High Court Order
In a significant legal development, a division bench of the Supreme Court has issued a stay on the proposed action by the Jaipur Development Authority (JDA) to widen Sirsi Road and remove alleged encroachments. The order was passed on Friday while hearing a special leave petition filed by Nand Kishore Sharma and others, challenging the March 28 order of the Rajasthan High Court.
Court Directs Status Quo and Issues Notices
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta has directed that the "effect and operation" of the impugned High Court order from March 28 shall remain stayed. The Supreme Court has also issued notices to the respondents and ordered all parties to maintain status quo regarding possession and construction over the land in question. This interim protection ensures that no coercive steps will alter the current ground situation until further hearings.
Petitioners Challenge High Court's Directions
The special leave petition contests the March 28 order of the Rajasthan High Court's division bench, which had directed the JDA to act against encroachments on Sirsi Road and other key routes in Jaipur and submit a status report. Additionally, the High Court had instructed the JDA tribunal and civil courts not to entertain any suits or appeals against actions taken by the JDA.
Appearing for the petitioners, advocate on record Abhishek Gupta argued that the High Court's directions, though issued in a public interest litigation (PIL), enabled coercive demolition without adequate procedural safeguards. He emphasized that the right of appeal is a vested right that cannot be taken away, and natural justice requires an opportunity to be heard.
Gupta stated: "Just because some land has come within the expansion of road as per the Master Plan does not mean that the owner or possessor of that land becomes an encroacher. The said land has to be acquired in accordance with law and compensation has to be paid."He further contended that the High Court's observation restraining intervention by civil courts and the JDA Tribunal curtailed legal remedies, effectively depriving affected parties of their statutory rights to seek adjudication in disputes involving title, possession, and construction legality.
Supreme Court's Ruling and Implications
Taking note of these submissions, the apex court granted interim protection by staying the High Court's order. This decision highlights the judiciary's role in ensuring procedural fairness and protecting property rights against potential overreach by authorities. The case underscores ongoing tensions between urban development initiatives and legal safeguards for landowners in Jaipur.
The Supreme Court's intervention temporarily halts the JDA's road widening plans, pending further legal proceedings. This development is closely watched by stakeholders in urban planning, legal circles, and residents affected by infrastructure projects in Rajasthan's capital city.
