Summary
NIMS sought allotment and protection of constructions on land in the Ramgarh Dam catchment. Upholding findings of encroachment without sanction, the Court rejected reliance on unanswered representations and ordered demolition at NIMS’s expense, together with costs for the petitions.
Issues
- Whether silence on allotment requests permitted occupation and construction on the disputed land.
- Whether the findings of encroachment or the existing construction justified interference or regularisation.
- What time-bound remedial directions should issue.
Provisions considered
- Section54, Jaipur Development Authority Act, 1982The land vested in the JDA from1October2007, making the authority competent for its disposal under the statutory scheme. (¶¶ 21, 25, 33)
Held
- No perversity was shown in the Tribunal and High Court factual findings. The first relevant allotment request had been made to the Chief Minister rather than the competent Collector; no later request to the JDA was established. Even assumed silence did not amount to permission or sanction to construct. (¶ 31–34)
- Encroachment on8125square metres in Khasra526 was established and the measurement report had not been objected to. Existing massive construction and the presence of other encroachers supplied no lawful defence. The Court emphasised the catchment’s importance for Jaipur’s water supply. (¶¶ 22, 29–30, 35–37)
- Following the principles against perpetuating unlawful construction, the JDA was directed to demolish NIMS’s unauthorised construction on Khasra526 by30November2017, assisted by the State, Collector and police. NIMS bore demolition and rubble-removal expenses, and any pending compounding or regularisation application stood superseded. (¶ 38–44)
Result
Petitions dismissed with Rs10lakh costs per petition, to be deposited in the Supreme Court Registry within six weeks. Demolition ordered by30November2017 at NIMS’s expense; pending regularisation or compounding applications superseded.