'Public Exchequer Will Suffer': Rajasthan High Court Stays GO Prima Facie Regularizing Illegal Colonies, Orders Action Against Errant Officials

The Rajasthan High Court has stayed the operation of Urban Development and Housing Department's March 12 order, allegedly regularizing illegal colonies and encroachments set up on the public land in Jaipur which was acquired for Rajasthan Housing Board.The division bench of Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit further directed demolition and removal of such encroachments, and taking of appropriate action against the concerned officers who allowed such illegal constructions. The court was hearing a PIL, wherein the petitioner claimed that through this order the State had regularized the illegal colonies set on the land originally acquired from farmers for Rajasthan Housing Board. It was argued that such direction went against the Supreme Court ruling in the case of Rajendra Kumar Barjatya & Anr. Vs. U.P. Avas Vikas Parishad & Ors (2024). It was held by the Apex Court, “construction(s) put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without any building planning approval, cannot be encouraged…In the event of any violation being brought to the notice of the Courts, it has to be curtailed with iron hands and any lenience afforded to them would amount to showing misplaced sympathy…”After hearing the contentions, the high court observed:"Prima facie, the circular dated 12.03.2025 is found to be allowing regularization of illegal colonies and encroachments on the public land. Moreover, the purpose for which the land was acquired stands vitiated. Public exchequer would suffer huge loss. We would, therefore, not allow such action". "In view of the above, it is directed that effect and operation of the order dated 12.03.2025 passed by the Government for regularizing illegal colonies set up on the land which was acquired for Rajasthan Housing Board shall remain stayed till the disposal of this PIL," the bench added. The bench further directed that any encroachments which have been made on the land, originally acquired for Rajasthan Housing Board, "needs to be demolished and removed and proper action also requires to be taken against the concerned officers who allow such illegal constructions". Title: Public Against Corruption v State of RajasthanClick Here To Read/Download Order

'Public Exchequer Will Suffer': Rajasthan High Court Stays GO Prima Facie Regularizing Illegal Colonies, Orders Action Against Errant Officials

Nupur Agrawal

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