Rajasthan
,
Bapu Bazar
,
Jaipur
Published :
Oct 2016
|
Updated :
Jaipur Municipal Corporation Plans to Evict Shopkeepers Near Historic Wall
Reported by
Manish Tiwari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
10000
People affected
2015
Year started
ha.
Land area affected
Households affected
10000
People Affected
2015
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The historic wall of Jaipur is a protected monument. However, anthropogenic pressure is breaking down the structure. Taking cognisance of this, the Rajasthan High Court in 2015 instructed the Jaipur Municipal Corporation (JMC) to identify the encroachments near the walled area. Records show JMC has identified 1,868 houses or shops constructed within 5 metres of the parkota, or the heritage wall. Owners of these houses or shops allege that JMC has has issued notices to demolish the constructions without providing any alternative relocation. The case goes back to 1953 when refugees from Sindh were allotted shops near the heritage wall. The prescribed size of each shop was 10x24 feet. There was a 6feet walkway between the shops and the heritage wall. In 1978, the rehabilitation department sold this 6feet walkway to the shopkeepers for Rs 1,000 each. Observers say that the shopkeepers gradually extended their shops, which now touched the heritage wall, and are of the size 10x3035. While JMC has declared these constructions as encroachments, people say the land was allotted to them by the state government so JMC has no right to oust them. The demolition will reportedly affect about 10,000 people and 5,000 houses. In July 2019, the UNESCO has recognised the Walled city as world heritage site. While the government authorities are pushing for anti encroachment drive, COVID19 pandemic has further delayed their efforts. In March 2021, JMC and the police officials launched a joint drive to remove encroachments.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Jaipur Municipal corporation

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Manish Tiwari
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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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