Jodhpur: The Rajasthan High Court has stepped in to resolve a 15-year-old dispute over commercial plots in Kabir Nagar, Jodhpur, where purchasers claimed that they paid the full sale consideration and received pattas but were never given possession.
Justice Anoop Kumar Dhand while hearing petitions says purchasers cannot suffer for civic body’s failure then orders committee to hear occupants, decide title claims and provide compensation or alternative plots.
The dispute arose from petitions filed by Kiran, Santosh Singh and Mohammed Aslam concerning Plots 8, 10 and 7 respectively. Kiran and Santosh claimed that they had purchased their plots and paid the full amount in 2011 but were never given possession, while Aslam claimed rights over Plot No. 7 after purchasing it from the original allottee. The issue arose because other persons were already occupying Plots 7 to 10; while the Municipal Corporation treated them as encroachers, the occupants claimed that they had been allotted or rehabilitated on the land and therefore had lawful rights over it.
The High Court criticised the Corporation’s failure to resolve the issue, observing that purchasers cannot be made to suffer because of administrative negligence, poor record maintenance or failure to address encroachments.
However, the Court did not decide who had the rightful claim to the plots, as this involved disputed facts that could not be decided in a writ petition.
The Court accordingly ordered a high-level committee comprising senior Local Self Government officials, the Jodhpur District Collector and the Municipal Commissioner. The committee will examine the documents and claims of all parties, hear their objections and pass reasoned orders.
If an occupant is found to have a valid title but the plot is required for the purchaser, appropriate compensation must be provided. If possession of the original plot is not possible, the Corporation must allot an alternative plot of similar size in the same scheme.
The Court directed that the entire exercise be completed within three months.