The Rajasthan High Court has directed authorities in Sri Ganganagar to follow due process before taking steps to remove or demolish properties for construction and widening of a public road. Justice Anoop Kumar Dhand held that affected occupants must be given notice and a meaningful opportunity to present their objections before any adverse action is taken.
The order was passed in a batch of civil writ petitions concerning properties located in areas of Sri Ganganagar proposed to be affected by road development under the approved Master Plan.
Background of the Case
The petitioners approached the High Court challenging notices and proposed action by the Urban Improvement Trust (UIT), Sri Ganganagar. They claimed possession of the properties and argued that they could not be dispossessed without following the legal procedure and, where their valid title was established, without appropriate compensation.
The authorities, on the other hand, maintained that the land was required for an 80-feet-wide public road under the 1981-2001 Master Plan. They also disputed the petitioners’ claimed rights based on agreements to sell and contended that portions of the land were being used for residential purposes without the required conversion.
Court’s Observation
The Court noted that deciding the individual title and possession claims of every petitioner would involve disputed questions of fact, which could not properly be determined in writ proceedings.
However, the Court stressed that this did not permit authorities to remove occupants without following the required procedure. It observed that due process requires proper notice and an opportunity of hearing before adverse action is taken.
The Court also emphasised the importance of implementing the approved Master Plan while protecting legal rights. It stated:“The authorities are expected to construct the road strictly, as per the approved Master Plan.”
The Court further held that if a person establishes valid title and the property is nevertheless required for the road project, compensation must be considered.
Decision
The High Court directed the respondents to constitute a committee of senior departmental officials within 15 days. The petitioners were given a further 15 days to submit their representations and objections regarding their rights and title.
The committee was directed to provide each petitioner an opportunity of hearing and pass a reasoned order in every case. Where valid title was established and the property was required for road construction, adequate compensation at the prevailing DLC rates was to be awarded, with an alternative possibility of allotment of land under an applicable government scheme.
The Court also directed that for every tree or plant removed during the road work, ten shady plants should be planted nearby. After deciding the representations, the authorities were permitted to proceed with construction under the Master Plan, subject to a minimum 15-day period after issuance of the respective orders.
Case Details
Case Title: Ram Prasad S/o Shri Mahisukh Ram v. State of Rajasthan & Ors. (Connected Petitions)
Judge: Justice Anoop Kumar Dhand
Decision Date: 19 August 2026
