Rajasthan High Court: In a petition challenging the demolition notices based on alleged illegal construction issued against the petitioners, following the arrest of certain accused individuals including both of the petitioner’s grandsons allegedly involved in sexually exploiting minor girls, a single-judge bench of Mahendar Kumar Goyal, J., granted interim protection to the petitioners by maintaining the status quo, ensuring that no demolition takes place until next date of hearing.
In the instant matter, the petitioners received a show cause notice dated 20-02-2025 issued by Bijainagar Municipality under Sections 194 and 245 of the Rajasthan Municipalities Act, 2009, indicating an intention to demolish their construction including petitioners’ grandsons’ homes, a mosque, and a graveyard. In response, the petitioners submitted their reply within the stipulated time. The notices required the petitioners to submit ownership documents immediately and warned of demolition under the Rajasthan Municipality Act, if they failed to comply.
The petitioners asserted that they have complied with the procedural requirements by filing their response within the time allowed on 21-02-2025, with proof of ownership including sale deeds, electricity bills, and lease documents. However, the respondents (municipal authorities) are hellbent in proceeding with the demolition without considering their response. The petitioners claimed that their houses were built decades ago (16 and 46 years old, respectively), and are not illegal constructions. It was contended that the demolition orders are part of a punitive action linked to criminal proceedings against certain family members. The petitioners claimed that the demolition notices were issued arbitrarily and constitute collective punishment, thereby violating due process and their fundamental rights under Articles 14, 19, and 21 of the Constitution of India. On the other hand, the respondents sought time to gather instructions before submitting a response to the Court.
The Court directed the petitioners to supply a copy of the writ petitions to the office of Mr. G.S. Gill, Additional Advocate General, within the course of the day. The Court granted time to the respondents to complete their instructions and prepare their response. The Court further court directed that status quo regarding the subject property be maintained by all parties until the next date of hearing, i.e., 11-03-2025 at 2:00 PM.
[Sakir v. State of Rajasthan, S.B. Civil Writ Petition No. 3321/2025, Decided on 06-03-2025]
Advocates who appeared in this case :
Mr. Syed Saadat Ali with Mr. Nadeem Qadeer, Ms. Aafreen Rizvi and Ms. Uzma Iliyas, Counsel for the Petitioners
Mr. G.S. Gill, AAG with Mr. Manoj Kumar, Counsel for the Respondents
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