The Rajasthan High Court has issued an order to maintain the status quo regarding the demolition notices served to families of individuals accused in the Beawar sexual exploitation case. The court's directive prevents any further demolition action until the matter is heard in detail.
Justice Mahendra Kumar Goyal, presiding over the case, noted the petitioners' submissions that they had received show cause notices on February 20, 2025, under Sections 194 and 245 of the Rajasthan Municipalities Act, 2009. These notices sought to demolish their constructions, prompting them to file timely responses. However, the petitioners alleged that authorities were determined to proceed with demolitions despite their submissions.
"Learned counsel for the petitioners submits that on receipt of the show cause notice dated 20.02.2025 under Section 194 and Section 245 of the Rajasthan Municipalities Act, 2009 seeking to demolish their construction, they have filed their response well in time; but, the respondents are hellbent to demolish their construction without taking a decision on their response," the court order stated.
Court Grants Petitioners Relief
The court directed the petitioners' counsel to submit copies of their writ petitions to the Additional Advocate General's office. The respondents' counsel requested time to complete their instructions, which was granted by the court.
"List the matters on 11.03.2025 at 2:00 pm as prayed. Till next date, the status quo qua the subject property shall be maintained by the parties," the order read.
Allegations of Selective Targeting
The petitioners claimed that the police had issued a press note last month stating that five accused had been arrested for allegedly luring minor girls into relationships through mobile phones. Additionally, two juvenile delinquents were detained.
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Following these arrests, the Municipality Executive Officer issued eight demolition notices, selectively targeting the houses of the accused. The petitioners argued that these notices also extended to a mosque and a graveyard, raising concerns about potential bias.
The notices required property owners to submit ownership documents, records, and approved maps for their properties. If the noticees failed to provide these documents, action would be taken under Sections 194(1) and 245 of the Rajasthan Municipalities Act.
Petitioners Claim Demolitions Are Punitive
The petitioners contended that the demolition orders were punitive in nature, serving as a pretext to circumvent legal protections. They cited the Supreme Court's ruling from November 13, 2024 (WP (C) No. 295/2022), which set guidelines against arbitrary demolitions.
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"The proposed demolition is punitive. The defense of 'unauthorized construction' is being used as a ruse to carry out punitive demolition and also to illegally overcome the directions passed by the Supreme Court," the plea argued.
The petitioners also raised concerns about the urgency in the notices, as they were given only a short time to respond despite having occupied the properties for decades. They emphasized that anything less than 15 days to reply to such notices failed to uphold the principles of natural justice.
Case title: Sakir and Another v/s State of Rajasthan and Others and batch
