Rajasthan
,
Jaipur
,
Jaipur
Published :
Sep 2017
|
Updated :
Khadda Basti Residents Evicted, Moved to Housing Scheme After Supreme Court Court Order
Reported by
Ashish Gaur
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
600
Households affected
2563
People affected
2011
Year started
1
ha.
Land area affected
600
Households affected
2563
People Affected
2011
Year started
1
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

At Khadda Basti, an informal settlement in Jaipur, non-right holders have encroached on the land meant for Saket Colony residents for years. Most of the residents work as labourers and domestic workers. In 2011, members of Saket Vikas Colony Samiti moved the high court after Jaipur Development Authority could not get the land vacated. When high court directed the state government to get the land vacated, the matter moved to Supreme Court as settlers insisted for regularisation of land. Supreme Court also upheld High Court order and ordered to 534 households to move to a government affordable housing scheme in Paldi Meena, five kilometers away. The court directed the government to to get the land vacated and auction 55 plots located on it. Following the court orders, in October 2017, all the houses in the Khadda Basti were razed. A few religious structures were left intact. The Basti residents relocated to Paldi Meena and Jaisinghpura Khor areas in Jaipur. However, there are complaints of lack of basic amenities at these sites.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Private

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

300

Type of investment:

Investment Expected

Year of Estimation

2017

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

Why did the conflict end?

Community agreed to alternative offers

The affected community were rehabilitated but still have some complaints.

4
Additional Information

Government Departments Involved in the Conflict:

Jaipur Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Saket Colony Vikas Samiti

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Ashish Gaur
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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

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