Rajasthan High Court Orders Compliance with Construction Regulations for Property Sales
The Rajasthan High Court has expressed its concern over the sale of plots and houses in privately developed colonies that lack essential facilities, such as drainage, electricity, and water. In an effort to address this issue and protect the rights of residents, the court has directed the state government, development authorities, and urban bodies to prevent developers from selling properties unless they comply with construction regulations.
Ensuring Certificate Verification for Suitable Residential Colonies
During a recent hearing of a Public Interest Litigation (PIL) filed by residents of Ansal Sushant City and the Sushant Lok Residents Welfare Society, a bench led by Chief Justice MM Shrivastava and Justice Madan Gopal Vyas instructed the Urban Development & Housing Department (UDH) to issue a certificate verifying the suitability of a residential colony for habitation before allowing any sale to proceed. This measure seeks to ensure that basic amenities are provided in privately developed colonies, addressing the concerns raised by the residents.
Action Against Developers Non-compliance
This directive comes as a response to the grievances highlighted by the residents of Sushant City in Jodhpur. They have reportedly been deprived of basic amenities like drinking water for the past two decades due to the failure of the builder to provide proper infrastructure. The PIL filed in 2021 shed light on the lack of a drainage system and electricity in the allocated lands and houses. In a previous hearing on December 23, 2023, the High Court had ordered the Jodhpur Development Authority to resolve the issue promptly, but their non-compliance was reprimanded during a subsequent hearing months later.
Stringent Measures for Ensuring Compliance
During the most recent hearing, the court reiterated the importance of thorough investigations by the UDH secretary and the enforcement of regulations to protect individual buyers’ rights. It emphasized that developers could only sell properties once they received the appropriate certification from the UDH, verifying the presence of basic amenities. The court further stressed the responsibility of both the state government and development authorities in preventing misleading practices by developers and ensuring that the development adheres to approved plans. This measure is aimed at preventing thousands of people from being left without crucial services, such as water and electricity.
Looking Ahead
The next hearing for the PIL filed by the residents of Ansal Sushant City and the Sushant Lok Residents Welfare Society is scheduled for the last week of the month. This ongoing case highlights the need for proper regulation and enforcement in the real estate sector to protect the rights and interests of residents. The court’s directive to comply with construction regulations and obtain certification for suitable residential colonies marks a significant step forward in ensuring quality living conditions and addressing the shortcomings in privately developed colonies in Rajasthan.
