Jaipur, August 20: The Rajasthan High Court has stayed the state government’s decision to regularise illegal colonies developed on land originally acquired for the Rajasthan Housing Board. The order came while hearing a Public Interest Litigation (PIL) filed by the organisation Public Against Corruption.
The division bench of Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit issued notice to the state government and observed that the March 12, 2025 order of the Urban Development and Housing (UDH) Department permitting regularisation of such colonies was against established legal principles.
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The court noted that the Supreme Court in Rajendra Kumar Barjatya vs. U.P. Avas Vikas Parishad (2024 INSC 990) had clearly held that unauthorised constructions could not be encouraged. Delivering a strong message, the apex court had observed:
"Constructions put up without approval must be curtailed with iron hands. Delay, negligence, or financial loss cannot be used as a defence for illegal activities."
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The Rajasthan High Court, relying on this precedent, remarked that allowing regularisation of colonies built on land meant for public housing projects not only defeated the original purpose of acquisition but also caused financial loss to the state exchequer.
The judges warned that such actions could result in "pollution, disorderly traffic, security risks, and derailment of planned development."
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The bench made it clear that any encroachments on land acquired for the Housing Board must be demolished and removed. It further directed the authorities to take strict action against officials who permitted such illegal constructions.
With this interim order, the operation of the UDH's circular dated March 12, 2025 has been suspended until the final disposal of the PIL. The matter will be taken up again after eight weeks.
Case Title: Public Against Corruption vs. State of Rajasthan
Case No.: D.B. Civil Writ Petition No. 6198/2025
