Rajasthan HC rules builders can't sell properties without amenities

04 Oct 2024 CW Team

A bench led by Chief Justice MM Shrivastava and Justice Madan Gopal Vyas issued the directive while hearing a Public Interest Litigation (PIL) filed by residents of Ansal Sushant City and the Sushant Lok Residents Welfare Society. The next hearing for the case has been scheduled for the last week of the month.

The residents of Sushant City in Jodhpur had not received drinking water for two decades and filed the PIL in 2021, highlighting the lack of basic amenities. According to the petition, the builder had allocated land and houses without providing a drainage system or electricity. In a previous hearing on December 23, 2023, the High Court had issued strict orders to the Jodhpur Development Authority to resolve the issue, and reprimanded officials for failing to comply with the order during a subsequent hearing seven months ago.

In this latest hearing, the court instructed the UDH secretary to thoroughly investigate the situation in privately developed colonies, ensuring that basic amenities were in place before issuing certificates. It also reiterated that builders could only sell properties once this certification was granted. Additionally, the court stressed that the state and development authorities must protect individual buyers from being misled by developers and ensure that development adheres to the approved plans, rather than leaving thousands of people without water and other essential services.

The Rajasthan High Court, expressing concern over the sale of plots and houses in privately developed colonies that lacked essential facilities such as drainage, electricity, and water, directed the state government, development authorities, and urban bodies to prevent developers from selling such properties unless they comply with construction regulations. The court emphasised that the Urban Development & Housing Department (UDH) must first issue a certificate verifying the suitability of a residential colony or society for habitation before any sale could proceed. A bench led by Chief Justice MM Shrivastava and Justice Madan Gopal Vyas issued the directive while hearing a Public Interest Litigation (PIL) filed by residents of Ansal Sushant City and the Sushant Lok Residents Welfare Society. The next hearing for the case has been scheduled for the last week of the month. The residents of Sushant City in Jodhpur had not received drinking water for two decades and filed the PIL in 2021, highlighting the lack of basic amenities. According to the petition, the builder had allocated land and houses without providing a drainage system or electricity. In a previous hearing on December 23, 2023, the High Court had issued strict orders to the Jodhpur Development Authority to resolve the issue, and reprimanded officials for failing to comply with the order during a subsequent hearing seven months ago. In this latest hearing, the court instructed the UDH secretary to thoroughly investigate the situation in privately developed colonies, ensuring that basic amenities were in place before issuing certificates. It also reiterated that builders could only sell properties once this certification was granted. Additionally, the court stressed that the state and development authorities must protect individual buyers from being misled by developers and ensure that development adheres to the approved plans, rather than leaving thousands of people without water and other essential services.

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