SC issues direction to Jaisalmer Municipal Council over residential scheme auction
Apr 12, 2023
New Delhi [India], April 12 : The Supreme Court has directed the Jaisalmer Municipal Council that auction notice related to plot allotment of Goverdhan Das Kalla Awasiya Yojana shall contain a specific recital that the auction will be subject to the outcome
of the pending petition.
A bench of justices Abhay S Oka and Rajesh Bindal in a recently delivered order has made this clarification while disposing of a petition filed by one Dharmendra Singh Mohta.
Dharmendra Singh Mohta has moved Supreme Court challenging the Rajasthan High Court and urged the top court to stay the entire process of allotment for Goverdhan Das Kalla Awasiya Yojana and direct the respondents to restrain to draw lots, declare the result of the lottery or conduct any further proceedings in pursuant to the allotment under the scheme in question during the pendency of the matter.
The top court agreed to modify the Rajasthan High Court order by adding directions that
the Auction Notice which may be published hereafter by respondent No 2 (Municipal Council, Jaisalmer) shall contain a specific recital that the auction will be subject to the outcome of the pending Writ Petition before Rajasthan HC.
The top court also made it clear that while issuing letters of allotment to the allottees, the respondent Municipal Council, Jaisalmer shall incorporate in the letter of allotment that the allotment is subject to the outcome of the pending Writ Petition before the Rajasthan High Court.
Dharmendra Singh Mohta was represented by Sanyat Lodha, Sanjana Saddy and Surbhi Arora.
The petitioner has challenged the Impugned Order dated February 24 passed by the
High Court of Judicature for Rajasthan at Jodhpur. The HC has refused to stay on the allotment of residential plots at concessional rate.
According to the petition, the existing expression "anywhere in the State of Rajasthan shall not be entitled for allotment" has been replaced and substituted by " in any town of Rajasthan having population of more than 1 lac shall not be entitled for allotment.
"...the High Court failed to consider that the interpretation of the words while applying the Golden Rule of interpretation shows the intention of the legislature to provide allotment of land at concessional rate to a landless person. However, by virtue of the impugned amendment dated October 30, 2021, at point No 6 (2) amendment of Rule 10 has been made without taking into consideration the object, scope and vision of the Rule making authority," the petition said.
As per Rule 10 of the insertion or substitution made by virtue of the amendment Notification dated October 30, 2019, the petitioner, who is a landless person, does not own any land throughout Rajasthan, and was now made to compete with the persons who are already having one or more plots registered in their name, the petition stated.
