HC bars action against border structures pending notices
JODHPUR, Nov. 13 -- The Rajasthan High Court has directed authorities not to take action against structures in sensitive border areas until proceedings initiated through show-cause notices are decided, while ensuring that affected persons get an opportunity to present their replies and supporting documents, a lawyer familiar with the case said on Thursday.
A Division Bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma passed the directions while disposing of a special appeal filed by Gaphur, a resident of Barmer, against a single bench order concerning religious structures within 50 km of the India-Pakistan border.
The appellant alleged that the state was demolishing structures without providing a reasonable opportunity of hearing or waiting for replies to show-cause notices.
Additional advocate generals Sajjan Singh Rathore and BL Bhati assured the court that the competent authority would consider the replies, supporting documents and judgments cited by affected persons.
They also agreed to give the appellant two weeks to submit a detailed reply.
The bench granted Gaphur two weeks to submit his reply and relevant judgments, directing the competent authority to pass a speaking order after providing a reasonable opportunity of hearing.
The appeal arose from the single bench's July 13 judgment in Peer Mohammad Shah Jilani Dargah Samiti vs State of Rajasthan, which directed committees comprising district collectors, superintendents of police and Border Security Force representatives to examine sensitive properties in border areas.dinesh bothra...
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