HC relief for farmers hit by Jaipur land pooling scheme

Jaipur: A division bench of Rajasthan High Court Monday granted interim relief to farmers and landowners affected by the Jaipur Development Authority (JDA) land pooling scheme on Tonk Road and Diggi-Malpura Road, staying its implementation for now. The court has asked JDA not to take possession of land covered under the Jan 18 notification and Feb 15 publication till further orders.

The order applies to Shivdaspura and Chandlai Barkheda on Tonk Road, and Acharawala, Jaisinghpura alias Tejawala, and Abhaypura on Diggi-Malpura Road. Under land pooling, landowners hand over their land for planned urban development. Roads, parks and infrastructure are created, and part of the developed land is later returned to owners, while the remaining land is used for public projects and commercial purposes.

JDA has been using this model to develop new urban areas around Jaipur without directly purchasing land through the traditional acquisition process. The court passed the interim order on a petition filed by Kana Ram and other local farmers and landowners challenging the validity of the scheme under the Rajasthan Land Pooling Scheme Act, 2016.

The bench observed that “the Act and the scheme framed under it do not appear to be in line with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”. It further noted that under the state legislation, landowners and farmers could lose their properties without compensation through the new method of land acquisition. “Under the state law, properties of landowners and farmers could be taken away without payment of compensation due to the new method of land acquisition,” the court observed.

The petitioners argued that the 2016 Act gives sweeping powers to JDA, allowing control over land without following the conventional land acquisition process. They contended that under the scheme, land can be reorganised for roads, parks, residential and commercial use, thereby adversely affecting their ownership rights.

The High Court has sought a reply from JDA and listed the matter for further hearing on May 27.

The petitioners argued that the 2016 Act gives sweeping powers to JDA, allowing control over land without following the conventional land acquisition process. They contended that under the scheme, land can be reorganised for roads, parks, residential and commercial use, thereby adversely affecting their ownership rights.

The high court has sought a reply from JDA and listed the matter for further hearing on May 27.
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