Rajasthan High Court Orders Probe Into Officials Over Illegal Green Belt Land Allotment

Jaipur. The Rajasthan High Court has taken a firm stance against the unauthorized conversion of urban green zones for residential purposes, ordering a comprehensive investigation into the officials responsible for issuing land leases in such restricted areas. In a significant ruling, the court upheld the cancellation of a residential lease granted on land marked as a green belt in the master plan, declaring that such administrative actions cannot be validated under the law. The bench directed the state authorities to identify every official involved in the process of land use conversion and lease issuance, mandating that a formal compliance report be submitted within three months.

Highlighting the ecological importance of urban green belts, the court referenced the landmark Gulab Kothari versus Rajasthan government case. It reiterated that these zones serve as vital environmental assets for any city and must be protected at all costs. The judiciary observed that master plans are not merely policy guidelines but carry statutory weight, making them mandatory for all local bodies, including urban development authorities and municipal corporations, to follow strictly. Any attempt by administrative bodies to undermine these protections will be met with severe legal scrutiny.

Addressing the constitutional rights of property owners, the court clarified that legal protection is only extended to rights acquired through legitimate means. If a property title is obtained in violation of established urban planning laws, it cannot claim constitutional immunity. The court expressed concern that the negligence of officials in these matters erodes public trust in urban planning and encourages the misuse of legal provisions. It further noted that the preservation of green spaces is a mandatory obligation under the Constitution, specifically citing articles related to environmental protection and fundamental duties.

The legal dispute originated from a petition challenging the Alwar Municipal Corporation's decision to cancel a lease and the subsequent actions taken under the Land Revenue Act. While the petitioner argued that they were a bona fide buyer who relied on official revenue records and municipal documents, the state government maintained that any residential use of land designated as a green area in the 2031 master plan is fundamentally illegal. The court concluded that since the initial lease was issued in direct contradiction to the master plan, the municipal authority acted within its powers to revoke it, and the officials who facilitated this breach must now face departmental proceedings.