Rajasthan HC: Builders Cannot Sell Properties without Providing Basic Amenities

Jodhpur: The Rajasthan High Court has raised concerns about selling plots and houses in privately developed colonies that lack essential amenities such as proper drainage, electricity, and water supply.

On Wednesday, the court directed the state government, development authorities, and urban bodies to ensure that no developer or builder can sell properties without complying with construction regulations.

The court mandated that the Urban Development & Housing Department (UDH) first issue a certificate to confirm whether a residential colony or society is fit for habitation before developers can sell properties.

The ruling was delivered by a bench consisting of Chief Justice MM Shrivastava and Justice Madan Gopal Vyas during a hearing of a Public Interest Litigation (PIL) filed by residents of Ansal Sushant City and the Sushant Lok Residents Welfare Society. The next hearing of the case is scheduled for the last week of this month.

The PIL was initially filed in 2021 by residents of Sushant City in Jodhpur, who had been deprived of drinking water for over 20 years.

The petition highlighted the severe difficulties faced by people living without basic amenities, with the builder having sold land and homes without providing essential infrastructure such as a drainage system or electricity connections.

During an earlier hearing on December 23, 2023, the High Court had issued stringent orders to the Jodhpur Development Authority, instructing officials to resolve the issues.

However, the court reprimanded officials during a subsequent hearing, noting that the previous order had not been followed up on for more than seven months.

In this hearing, the High Court issued further instructions to the UDH secretary, stating that the department should thoroughly inspect privately developed colonies and issue certificates only after confirming the availability of basic amenities. Only then should builders be allowed to sell houses, flats, or plots.

The court also emphasized that the state and development authorities must protect individual buyers from being misled by builders.

It held the development authorities responsible for ensuring that all development adheres to the planned guidelines, preventing a situation where thousands of people are left without access to vital services like water.

The UDH secretary and all relevant development authorities across the state have been instructed to issue appropriate directives to this effect.