New Delhi [India], August 5 (ANI): In a stern message on judicial accountability and enforcement of urban planning laws, the Supreme Court on Tuesday directed the Jaipur Development Appellate Tribunal (JDAT) to decide pending appeals relating to alleged illegal constructions and encroachments within two weeks, while holding the JDAT Presiding Officer personally responsible and accountable for ensuring compliance with its direction.
A Bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan, hearing the Loganathan matter, observed that prolonged interim protection granted by the tribunal had effectively stalled enforcement action initiated by the Jaipur Development Authority (JDA) against alleged unauthorised constructions.
“The Presiding Officer shall be personally responsible and accountable for any violation of this direction,” the Bench said, directing counsel appearing for the JDA to communicate the order forthwith to the Presiding Officer concerned.
The observations came after the Court was informed that agricultural land and open spaces surrendered to the JDA under the statutory framework governing approval of residential colonies under Section 90-B had allegedly been encroached upon despite remaining in the authority’s constructive possession. According to the submissions, commercial structures, including shopping complexes and a resort, had been raised on such land without the required approvals.
The Court was informed that the JDA had initiated demolition and sealing proceedings against the alleged unauthorised constructions. However, the affected parties approached the JDAT and obtained interim orders, preventing enforcement while the appeals remained pending for considerable periods without final adjudication.
During the hearing, counsel referred to an interim order dated July 30 passed by JDAT Presiding Officer Mahavir Prasad Gupta restraining the JDA from taking further coercive action pending adjudication of the appeals. It was submitted that the order was subsequently produced before enforcement officials, following which demolition and sealing proceedings did not move forward.
Recording the submissions, the Bench observed that if the allegations were true, the situation was “not only shocking but also alarming.”
The Court further observed that the situation became “even more disturbing” because, despite the JDA issuing enforcement notices, parties had obtained interim orders that continued for considerable periods without final adjudication, allowing the alleged unauthorised constructions to remain protected.
The Bench reiterated that land use must strictly conform to the applicable Master Plan and noted that, if the allegations are ultimately established, the surrendered land may have to be restored to its original agricultural or open-use status.
Besides directing JDAT Presiding Officer Mahavir Prasad Gupta to ensure compliance with its direction, the Court asked JDA’s counsel to immediately communicate the order to him. The matter has been listed for further hearing on August 5. (ANI)
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