Jaipur Municipal Corporation Demolishes Houses in Jhalana, People Demand Rehabilitation

Reported by

Ashish GaurLand Conflict Watch

Last updated on

September 22, 2021

Location of Conflict

Jaipur

Jaipur

Reason or Cause of Conflict

Encroachment by Non-Right Holders (Other than Caste-Based)

(

)

People Affected by Conflict

283

Land Area Affected (in Hectares)

1

ha

Starting Year

2017

State

Rajasthan

Sector

Land Use

About two decades ago, several families belonging to Muslim, Koli, Jogi and Rana communities settled on a piece of land in Jhalana area of Jaipur. Over time, they built their houses there. In May 2017, Jaipur Municipal Corporation (JMC) said these 38 families are encroaching on government property and served notices to them to vacate the land. On August 2, 2017, when the government when to demolish the houses, a conflict broke out. The families allegedly pelted stones on the government workers, while they demolished houses. People's Union for Civil Liberties (PUCL) came in support of the families and demanded that they cannot be evicted without a rehabilitation plan. These families are living under tents now. The government claims to have rehabilitated them.

Demand/Contention of the Affected Community

Complaint against procedural violations, Demand for legal recognition of land rights, Demand for rehabilitation

Region Classification

Urban

Type of Land

Common

Type of Common Land

Non-Forest (Other than Grazing Land)

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Other

Legislations/Policies Involved

  1. Rajasthan Municipalities Act, 2009

    Section 245 [the municipal corporation empowered to remove any encroachment on land/ space not being private property and also provides for penalty for making such encroachment]

  2. Rajasthan Slum Development Policy under Public-Private Partnership Model, 2012

    4(i): The implementation approach of the policy provided that the government would either regularise the slums or rehabilitate them, either at the same place, or relocate them to another site

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community? What was the decision of the concerned government department?

Legal Processes and Loopholes Enabling the Conflict:

Forced evictions/ Dispossession of Land, Non-rehabilitation of displaced people, Lack of legal protection over land rights

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Major Human Rights Violations Related to the Conflict:

Displacement, Lathi charge/tear gas/pellets

Whether criminal law was used against protestors

Yes

Official name of the criminal law. Did the case reach trial?

Indian Penal Code, 1860: Sections 143 (member of unlawful assembly), 332 and 353 (causing hurt to deter public servant from duty), 336 (endangering life) and 447 (criminal trespass). All 7 accused persons were granted bail by the district court.

Reported Details of the Violation:

The slum dwellers pelted stones at the officials carrying out the demolition work.

Date of Violation

August 2, 2017

Location of Violation

Indra Nagar Kachchi Basti, Jhalana, Jaipur

Nature of Protest

Protests/marches, Stone pelting

Government Departments Involved in the Conflict:

Jaipur Municipal Corporation, Jaipur Development Authority

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?

N/A

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

People's Union of Civil Liberty (PUCL), Muslims and Koli community

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:
No Images Available

Documented By

Ashish Gaur

Reviewed By

Ashish Gaur

Updated By

Ashish Gaur

Edited By

Ashish GaurLand Conflict Watch
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