Jaipur: In a key ruling on a batch of writ petitions, Rajasthan High Court, Monday directed the Municipal Council of Kotputli to strictly follow legal procedures before demolishing properties under its road widening drive. The court emphasised that no demolition can take place without a fair hearing and a reasoned order for each affected party.The petitions, filed by nearly 80 property occupants, alleged that demolitions were carried out based on backdated notices, with the same two individuals repeatedly named as witnesses to supposed refusals of notice acceptance. A bench of Justice Anoop Kumar Dhand directed the formation of a committee within 15 days to review individual objections and decide each matter fairly. The Court also ruled that at least 15 days must pass after such decisions before any demolition or construction begins. The bench also instructed that before removing trees for road development, the Council must document them and then plant ten new trees for every one removed, in nearby public areas. The petitioners claimed they were lawful occupants of the affected properties, holding registered sale deeds, pattas from the erstwhile Riyasat of Khetri, or leases issued by the Council itself. They alleged that without any proper notice or hearing, the Municipal Council initiated the demolition process under the pretext of implementing the city’s Master Plan. They alleged their properties were demolished in violation of natural justice and despite court orders for status quo. Municipal Council’s counsel claimed the Master Plan 2011–2031 was implemented after considering public objections and maintained that land acquired for road widening could not be spared. However, the court ruled that if petitioners hold legitimate titles, they must either be compensated. TNN
No demolition can take place without fair hearing: HC | Jaipur News
