Jaipur: In a significant ruling, the Rajasthan High Court has held that government authorities cannot merely issue notices against illegal encroachments and leave the matter pending. Once encroachments on public roads and facility areas are admitted, the authorities have a legal duty to remove them within a reasonable time and restore the land for public use.
A Division Bench of Justice Arun Monga and Justice Maneesh Sharma passed the order while deciding a Public Interest Litigation concerning encroachments on roads and public utility areas in Jaipur’s Nemi Nagar Extension. The petition stated that despite repeated complaints to the Jaipur Development Authority (JDA) and Jaipur Municipal Corporation (JMC), no effective action had been taken to address the issue.
The petition claimed that illegal constructions, staircases, a transformer, generators and other structures had narrowed a sanctioned 30-foot-wide road, while land reserved as a public facility area had also been illegally occupied.
During the proceedings, both JDA and the Municipal Corporation admitted the existence of encroachments. JDA acknowledged unauthorized occupation of the facility area, while the Municipal Corporation admitted that the road had narrowed to as little as 27.2 feet at some places and that part of the transformer was protruding onto the road.
The Court observed that there was no dispute over the facts because the authorities themselves had admitted the encroachments. It held that statutory power carries a corresponding statutory duty, and authorities cannot treat the issuance of notices as an end in itself.
Stressing that public roads and facility areas are held in public trust, the Bench also criticised JDA and the Municipal Corporation for shifting responsibility onto each other instead of acting in coordination.
Accordingly, the High Court directed the Municipal Corporation to remove the remaining encroachments from the 30-foot road and restore it to its full width within two months.
The Court also ordered the Municipal Corporation to relocate the electricity transformer within eight weeks.
Further, the Jaipur Development Authority (JDA) was directed to remove encroachments from the public utility (facility) area and develop the earmarked green area within six months
To prevent fresh encroachments, the Court directed the JDA and the Municipal Corporation to conduct regular joint inspections of the area.
The Court also granted liberty to the petitioner to approach it again in the event of non-compliance with its directions.