HC Orders Hearing Before Demolition, Mandates 10 Trees for Every Tree Cut.
Jodhpur: The Rajasthan High Court has allowed authorities to proceed with the construction and widening of an 80-feet public road in Sri Ganganagar, but made it clear that residents cannot be forcibly removed or their properties demolished without following due process of law.
Justice Anoop Kumar Dhand passed the order while deciding a batch of petitions filed by residents of Chawla Colony and nearby areas, who challenged notices issued by the Urban Improvement Trust (UIT), Sri Ganganagar, for removal of their properties.
The petitioners claimed that they were in possession of the properties on the basis of documents and agreements executed by previous owners and argued that they could not be dispossessed without a proper hearing and compensation.
The authorities, however, maintained that the land belonged to the UIT and that the petitioners had no valid title. They also pointed out that the 1981-2001 Master Plan had earmarked the land for an 80-feet-wide public road, with around 250 metres of the road still remaining to be completed.
The High Court held that it could not decide disputed questions of ownership and possession in writ jurisdiction.
However, the court made it clear that no person can be removed without following due process of law and providing an opportunity of hearing.
The Court directed the authorities to constitute a committee of senior officials within 15 days. The petitioners will have another 15 days to submit their objections and documents. The committee must then hear them and pass a reasoned order in each case.
If a petitioner is found to have a valid title but the property is required for road construction, the authorities must provide adequate compensation as per prevailing DLC rates or alternative land, wherever applicable.
The Court also said that the road project cannot remain stalled indefinitely and allowed the authorities to proceed with construction after deciding the petitioners’ claims.
Additionally, if trees or plants have to be removed during the work, the authorities must prepare an inventory and plant ten trees for every tree removed in nearby public areas.
After the representations are decided, the authorities can proceed with the road construction, provided at least 15 days have passed from the date of the respective orders.