No construction in Jawai without court's nod: HC
Jodhpur, April 30 -- The Rajasthan high court on Tuesday held that court approval was necessary for any construction activity in the Jawai region of Pali district, in order to protect leopard habitats in the region.
In addition, the court also ordered that all tourism activities be organised under a regulated framework.
A division bench, comprised of justices Pushpendra Singh Bhati and Sandeep Shah, observed that environmental protection could not simply be treated as a policy matter. "The earth does not belong to man; man belongs to the earth," read the opening lines of the order.
The court was hearing a public interest litigation filed by Apoorva Agrawat concerning growing ecological stress due to unregulated construction and tourism in the region.
The court ordered that no tourism licences would be issued for any "hotel/resort/guest house/home stay or activities of an identical nature". It noted that "the survival of wildlife species and the maintenance of biodiversity constitute essential components of this ecological equilibrium, without which the quality of human life itself stands imperilled."
In addition, the bench also held that all mining activities in the area would remain stayed.
According to the order, the only legal construction activity permitted in the area would be within the residential limits of the villages. It also barred the setup of fencing on the land in question.
Additional Advocate General Mahaveer Bishnoi informed the court that the draft Standard Operating Procedure (SOP) for Jawai incorporates provisions on the landscape overview and conservation imperatives of the region, the statutory and administrative framework, safari regulation and ecological safeguards such as habitat and cave protection, vehicle registration and GPS monitoring, safari timings and tourist conduct, as well as compliance and enforcement mechanisms including penalties, institutional responsibilities, implementation timelines and periodic review.
"The conservation imperatives, administrative frameworks, ecological safeguards and the enforcement adaptive governance which are there in the SOP shall immediately come into force and it is directed that, for all practical purposes, the complete area of Jawai, whether it is government land, private land or any other kind of land, the SOP shall operate and the order of this Court shall be strictly complied with. The plying of vehicles in the parcel of land earmarked for the dam, including its overflow area, shall also remain stayed to avoid any kind of damage relating to wildlife and bird hatchings.
Referring to an earlier order by the same bench that barred night safari and drone activities in the area beyond 6 to 7 pm, the court held that the ban would continue to be enforced.
"This Court also directs the State Government, including the departments concerned, to consider the feasibility of declaring the area in question as a sanctuary for the purpose of ensuring that the leopard-inhabited region and its ecosystem are protected and restored. The State Wildlife Board shall hold the necessary proceedings in this regard as expeditiously as possible," added the bench.
The matter will be heard again after six weeks, and the state government and the Centre have been ordered to file a compliance affidavit detailing steps taken to implement the court's directions....
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