A division bench of the Rajasthan High Court on Monday provided interim relief to farmers and landowners impacted by the Jaipur Development Authority (JDA) land pooling scheme on Tonk Road and Diggi-Malpura Road, temporarily halting its implementation. The court instructed JDA not to take possession of the land covered under the January 18 notification and February 15 publication until further orders.
Scope of the Interim Order
The interim order applies to specific areas: Shivdaspura and Chandlai Barkheda on Tonk Road, and Acharawala, Jaisinghpura alias Tejawala, and Abhaypura on Diggi-Malpura Road. Under the land pooling model, landowners voluntarily hand over their land for planned urban development. In return, infrastructure such as roads, parks, and utilities are created, and a portion of the developed land is returned to the owners. The remaining land is utilized for public projects and commercial purposes.
Legal Challenge and Court Observations
The court passed the interim order on a petition filed by Kana Ram and other local farmers and landowners, who challenged the validity of the scheme under the Rajasthan Land Pooling Scheme Act, 2016. The bench observed that the Act and its scheme do not appear to align with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It noted that under the state legislation, landowners and farmers could lose their properties without adequate compensation. “Under the state law, properties of landowners and farmers could be taken away without payment of compensation due to the new method of land acquisition,” the court remarked.
Arguments by Petitioners
The petitioners argued that the 2016 Act grants sweeping powers to JDA, allowing control over land without following the conventional land acquisition process. They contended that under the scheme, land can be reorganized for roads, parks, residential, and commercial use, thereby adversely affecting their ownership rights. The high court has sought a reply from JDA and scheduled the next hearing for May 27.
