New Delhi [India], August 3 : The Jaipur Development Authority (JDA) Appellate Tribunal has granted interim relief by staying the operation of enforcement notices issued by the JDA to certain commercial establishments over alleged land-use violations.
The development comes in the backdrop of recent Supreme Court directions emphasising action against unauthorised constructions and illegal land-use violations.
The JDA had issued notices on July 24 to certain establishments in Bhankrota, Jaipur, alleging that commercial activities were being carried out on agricultural land earmarked for a residential township.
On July 30, JDA Appellate Tribunal Presiding Officer Mahavir Prasad Gupta passed an interim order staying the operation of the notices and directed that no coercive action be taken against the appellants until the appeals are decided. The matter has been listed for hearing on September 8.
The tribunal's interim order comes in the backdrop of recent Supreme Court directions concerning enforcement against unauthorised constructions and illegal commercial use of land.
On March 25, a Bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan directed municipal bodies and development authorities in all state capitals to undertake surveys to identify residential areas allegedly being misused for commercial purposes and submit compliance reports.
Subsequently, on May 20, the Bench expressed dissatisfaction with affidavits filed by several authorities, observing that while alleged violations had been identified, the affidavits did not indicate the consequential action taken.
The Court directed the authorities to ensure "immediate and effective" measures, including sealing, demolition or any other action warranted under law, in accordance with its earlier judgment in the Rajendra Kumar Barjatya case.
According to the JDA, the enforcement notices were issued on allegations that agricultural land earmarked for a residential township was being used for commercial purposes in violation of the applicable land-use norms.
The issue has also reached the Supreme Court through applications seeking implementation of its earlier directions in relation to the Jaipur property.
Following the tribunal's interim order, the appellants submitted representations before the JDA Enforcement Officer on July 31 requesting that no coercive steps be taken in view of the interim stay.
The tribunal's order is an interim measure and does not determine the merits of the allegations or the legality of the constructions. Those issues will be considered when the appeals are taken up for hearing on September 8.