JAIPUR: A division bench of the Supreme Court Friday stayed the proposed action of the Jaipur Development Authority (JDA) to widen Sirsi Road and remove alleged encroachments. The order came while hearing a special leave petition filed by Nand Kishore Sharma and others against the March 28 order of the Rajasthan High Court.A bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice to the respondents and ordered that the “effect and operation” of the impugned High Court order of March 28 shall remain stayed. The court further directed all parties to maintain status quo regarding possession and construction over the land in question.The SLP challenges the March 28 order of the division bench of High Court directing the Jaipur Development Authority to act against encroachments on Sirsi Road and other key routes in Jaipur and submit a status report. In the same order, the high court directed the JDA tribunal and civil courts not to entertain any suits or appeal against the action taken by the JDA.Appearing for the petitioner, advocate on record (AOR) Abhishek Gupta argued that the High Court’s directions, though passed in a PIL, had the effect of enabling coercive demolition without ensuring adequate procedural safeguards. “Right of appeal or action is a vested right and that it cannot be taken away. Natural justice requires opportunity of being heard. We have also maintained that just because some land has come within the expansion of road as per Master Plan does not mean that owner or possessor of that land becomes an encroacher. The said land has to be acquired in accordance with law and compensation has to be paid,” he argued.Gupta submitted that the High Court’s observation restraining intervention by civil courts and the JDA Tribunal further curtailed the petitioners’ legal remedies. “Such a blanket bar effectively deprives affected parties of their statutory right to seek adjudication before appropriate forums, especially in disputes involving title, possession, and legality of constructions,” he argued.Taking note of these submissions, the apex court granted interim protection by staying the High Court’s order and ensuring that no coercive steps alter the current status on the ground until further hearing.Taking note of these submissions, the apex court granted interim protection by staying the High Court’s order and ensuring that no coercive steps alter the current status on the ground until further hearing.
