The Indian Constitution has given freedom to its citizens to reside and settle in any part of the territory of India as a fundamental right under Article 19 (1) (e). Even in the previously restricted areas of Jammu and Kashmir, after abrogation of Article 370 in October 2020, the Union Home Ministry (UHM) had issued a notification stating that any Indian citizen can buy land, except agricultural, in municipal areas of Jammu and Kashmir without being a domicile. As per the notification issued by the UHM, no domicile or permanent resident certificate is required for purchasing non-agricultural land in Jammu and Kashmir.
Whereas, the BJP led central government is taking pride to claim that it has showered a freedom bonanza to the citizens of India, inhabitants of any state of the country, empowering them to purchase a plot and reside in the Jammu and Kashmir regions, but the same BJP led state government in Rajasthan is restricting the other Indian states residents to purchase even a small size plot to reside and settle there. Is it not curtailing the fundamental right of the citizens, residents of other than Rajasthan state, and banning them to reside and settle anywhere in the country?
The Ban Prompts Illegal Colonizers
The restriction imposed by the Rajasthan government compels the residents of other states, who want to own a plot in Rajasthan, either to pay much higher rates to get a plot in government approved bigger townships, which are generally developed for rich people, or due to the luring cheap rates, they fall prey to the illegal colonizers and lose all their capital.
Rajasthan’s Hindi Newspaper, Rajasthan Patrika on its website Patika.com has reported on February 8, 2025 that Jaipur Development Authority’s enforcement branch razed four illegal colonies being raised on 40 Bighas including the land near Dravyavati river on Ajmer Road, where the sewage treatment plants are proposed by the state government.
Apart from this, Shiv Residency was being built on two bighas of agricultural land in village Narottampura of zone 11, Balaji Enclave in three bighas and another illegal colony named Vrindavan Vihar was being built in 35 bighas in village Panwalia. During the action, all reportedly illegal constructions were claimed to be demolished here. Information available reveals that in the year 2024 alone 383 illegal colonies were razed by the JDA.
Let us take the example of Rajasthan’s capital city, Jaipur. As some fraudulent colonizers develop illegal colonies without any fear, so many persons, especially belonging to the states other than Rajasthan, get looted of their whole life earnings by these fraudulent colonizers due to their unawareness of these illegal city colonizers. So, such persons desirous of purchasing a plot in Jaipur fear to own the plot land in such illegal colonies and prefer to purchase the plot in the government floated colonies through Jaipur Development Authority, but here they are prohibited to get the plot as per JDA norms of domicile condition.
How JDA Bans Outsiders to Purchase Plot?
Jaipur Development Authority, a Rajasthan state government agency to develop residential projects for the common people on affordable rates in Jaipur City, has laid down such a condition that only a domicile (Mool Niwasi) of Rajasthan can purchase a plot in these colonies and the resident of other states, who wants to reside and settle in Jaipur, is not eligible to get a plot in these government floated residential projects. Why?
JDA floats residential projects from time to time, but for reference we are taking the example of its project ‘Patel Nagar’, in Jaipur, the applications for which just closed on 13 February, 2025, for 270 plots. The eligibility clause under serial number 3.1 clearly states that the applicant should be Domicile (Mool Niwasi) of Rajasthan. (Copies of the scheme enclosed).
How Justified the Domicile Condition Is?
While deciding a case related to reservation of seats for postgraduate medical courses in January 2025, a Supreme Court bench consisting of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti mentioned,
“We are all domiciles in the territory of India. There is nothing like a provincial or state domicile… There is only one domicile. We are all residents of India. We have the right to choose residence anywhere in India and to carry out trade and profession anywhere in the country”, reported NDTV on its web portal on Jan 29, 2025.
However, the Indian Constitution had already given freedom to its citizens to reside and settle in any part of the territory of India as a fundamental right under Article 19 (1) (e), and now the Apex Court of India has also clearly decided that there is nothing like a provincial or state domicile… There is only one domicile. We are all residents of India. We have the right to choose residence anywhere in India.
Now in the light of the above decision of the SCI, will the Rajasthan government REPEAL the domicile condition and provide an opportunity to have a plot in Rajasthan’s capital city Jaipur to the outsiders also or adopt its own path to ignore the court decision by taking this or that pretext?
Will the citizens of India, residing in other states, get their fundamental right to reside and settle anywhere in the country including Rajasthan?
