The Rajasthan High Court directed the state government and urban authorities to ensure developers do not sell plots or houses in colonies lacking essential services like water, electricity, and drainage. The court emphasised that the Urban Development and Housing Department (UDH) must certify the availability of amenities before granting permission for any sales. The court delivered this ruling during a hearing on a PIL from Ansal Sushant City and Sushant Lok Residents Welfare Society who have lacked access to drinking water for over 20 years. The court underscored the need for strict regulatory compliance to protect buyers and ensure proper infrastructure in private developments.
The Rajasthan High Court, expressing concern over the sale of plots and houses in privately developed colonies lacking essential services like drainage, electricity, and water, directed the state government, development authorities, and urban bodies to ensure strict adherence to construction regulations. Last Wednesday, the court mandated that no developer or builder should sell such properties without securing a certificate of compliance from the Urban Development and Housing Department (UDH), confirming the residential colony's suitability for habitation.
Chief Justice M.M. Shrivastava and Justice Madan Gopal Vyas, presiding over the bench, issued this directive during the hearing of a public interest litigation (PIL) brought by residents of Ansal Sushant City and the Sushant Lok Residents Welfare Society. The court set the next hearing for the last week of this month. The bench raised questions regarding the authorities' decision to allow the sale of plots and houses without ensuring the availability of basic infrastructure. The court requested the original records for the upcoming hearing and instructed the development authorities to clarify their procedures for assessing the adequacy of essential facilities prior to approving any sales.
Residents of Sushant City in Jodhpur who had gone without drinking water for more than 20 years filed the PIL in 2021. They argued that the residents lived without basic amenities and suffered considerable hardships. The builder had sold plots and houses without installing drainage systems or electricity connections. During a hearing in December 2023, the court issued strict instructions to the Jodhpur Development Authority to resolve these issues, reprimanding the officials for failing to act. The court further stressed the importance of compliance by government authorities, expressing dissatisfaction with their inaction over the following seven months.
At this latest hearing, the High Court reinforced its earlier orders to the UDH Secretary, instructing the department to thoroughly investigate all privately developed colonies. The court emphasised that the UDH must only issue a certificate once it has confirmed the presence of basic amenities such as water, drainage, and electricity. Authorities must ensure that developers and builders obtain the necessary certification before they can sell houses, flats, and plots. The court held the state and development authorities accountable for preventing fraudulent practices by ensuring that all developments follow the approved development plan. It expressed concern over the current situation, where thousands of people live in colonies without access to water or other basic services.
The UDH Secretary and development authorities across the state received specific instructions to issue directives preventing the sale of properties in underdeveloped areas lacking critical infrastructure. This ruling reflects the court's determination to safeguard the rights of homebuyers by enforcing regulatory compliance. It places the burden on development authorities to ensure that developers do not exploit buyers by selling properties that lack essential facilities, highlighting the urgent need for responsible urban planning and regulatory oversight in Rajasthan's real estate sector.
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