SAKET COLONY SAMITI AND ORS. Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-2-351
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on February 20,2015

Saket Colony Samiti And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

- (1.) We have heard learned counsels appearing for the parties. This writ petition, for resettlement and rehabilitation of residents of kachi basti, which is also known as 'Khadda (Kachi) Basti' adjacent to Saket Colony, Jaipur with about 504 dwellers in the slum, part of which is spread out on the road, is pending since 2011. A number of orders have been passed in this writ petition, for rehabilitation, in terms of the decisions of the Supreme Court, and of various other High Courts, including the judgment of Delhi High Court in Sudama Singh & Ors. v. Government of Delhi & Anr. (WP (C) 8904/2009 dated 17.12.2009).
(2.) It is admitted that the entire Khadda Basti has been developed, by making encroachments over a part of the Colony, known as Adarsh Nagar', with settlers after partition for rehabilitation of displaced persons, which could not be auctioned. The 55 plots, which were under supervision of the Jaipur Development Authority, after they were transferred to it by the Rehabilitation Department, could not be auctioned, due to unauthorized occupation and encroachments, started over these carved out plots, from the very beginning, and which has grown with time, converting it into a slum with no civil amenities, like authorized water and electricity connections, sewer lines and metallic roads inside the basti.
(3.) The number of residents in the 'Khadda Basti' kept on increasing from time to time, and that, the entire area, including two main roads as well as anterior roads, inside the Colony, have been consumed by the unauthorized constructions by its occupants. The State of Rajasthan, has made a Policy of rehabilitation of the residents of unauthorized colonies (Kacchi Bastis), under which a large number of residents of slums were rehabilitated from time to time. The residents of 'Khadda Basti' have however, insisted for regularization of occupation, at the same place.;


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