Jaipur | August 29, 2025

 

The Rajasthan High Court has stayed the proposed installation of a dairy booth outside a private residence in Jaipur, observing that the matter involves potential violation of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India.

 

Hearing a plea challenging the State government’s order permitting the booth, Justice Sameer Jain noted that the issue was not limited to an individual grievance but carried a “writ large effect”, raising questions about public nuisance, civic administration, and arbitrary licensing practices.

 

The petitioner argued that without obtaining mandatory No Objection Certificates (NOCs) from concerned departments—including electricity, police, and PWD—the authorities had permitted the installation of the dairy booth directly in front of his private residence in Bapu Nagar, Jaipur.

 

It was contended that such booths, though allotted as dairies, are often misused as wholesale kirana shops or small restaurants, creating nuisance, congestion, and adversely affecting the quality of life and privacy of residents.

 

Taking note of these submissions, the Court invoked Section 152 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which lays down the procedure for removal of public nuisance, and linked it directly to the protection of fundamental rights under Article 21.

 

“In the facts of the case, considering that the matter in hand has a writ large effect and the same is concerned with the applicability of Section 152 of BNSS, as the same pertains to violation of fundamental rights of the petitioner as enshrined under the provisions of Article 21 of the Constitution of India. It is further noted that as per the practice seen, the said dairies are running wholesale kirana shops or small restaurants.” — the Court observed.

 

In order to obtain a factual assessment, the Court appointed Mr. Ajay Pratap Singh as Court Commissioner and directed him to conduct an inspection not only of the petitioner’s area but also of Bapu Nagar, Gandhi Nagar, and other localities in Jaipur where similar grievances have been raised.

 

The Commissioner has been tasked with preparing a comprehensive report within 7 days covering:

• The nature of allotments,

• Valuation of booths,

• Commodities actually being sold at such dairies,

• Extent of deviation from permitted use.

 

The Court directed Respondent Nos. 1 and 2 (State authorities) to pay ₹55,000 towards fees and miscellaneous costs to the Court Commissioner.

 

Pending submission of the Commissioner’s report, the High Court has stayed the “operation and implementation” of the proposed dairy booth outside the petitioner’s residence.

 

The Bench noted that the practice of granting licenses without clear guidelines has resulted in misuse, thereby infringing upon residents’ privacy, peaceful enjoyment of their property, and overall quality of life—all protected under Article 21.

 

The Court underscored that this issue goes beyond an individual dispute and has implications for urban planning, administrative fairness, and public health. The misuse of dairy booths as retail shops or restaurants, it observed, could not only burden residential areas with traffic and waste management issues but also amount to a systemic failure in regulation.

 

The matter has been listed for further hearing on September 8, 2025, when the Court will consider the Commissioner’s findings.