Jodhpur

In a case that has widened beyond a dispute over a hotel project, the Rajasthan High Court has raised serious concern over indiscriminate constructions on Udaipur's hills, questioning the state's hill policies and directing authorities to produce records relating to permissions granted for commercial projects in the ecologically sensitive region.

Hearing a petition filed by Basant Hotels Private Limited on July 24, Justice Sameer Jain observed that the material placed before the court revealed disturbing aspects concerning the ecological survival of Udaipur.

The court indicated that, apart from deciding the writ petition on the merits, it would also consider whether a suo motu PIL should be initiated in the larger public interest under the public trust doctrine.

The court directed senior government officials to appear personally with complete records, asked the court-appointed commissioners to remain present and sought details of all construction permissions granted in the vicinity of the petitioner's property, besides records relating to the formulation of the 2018 and 2024 hill policies.

The petition challenged the application of the state's hill policy to the petitioner's hotel project.

The petitioner argued that its construction was undertaken in accordance with the earlier policy and principles of sustainable development and alleged hostile discrimination by the authorities.

It contended that several hotels in the surrounding area, including on agricultural land, had been allowed to come up without proper permissions and that the authorities had adopted a “pick and choose” approach by targeting the petitioner’s project, which commenced in 2018.

The observations were based on a court-commissioned interim report submitted by advocate Kamini Joshi and retired IAS officer Rajendra Bhanawat after a site inspection.

According to the report, numerous hotels were already operating on the hills of Udaipur, with the petitioner's property differing mainly because it stood on a steeper slope.

It also found extensive hill cutting in the surrounding area and noted that officials of the Udaipur Development Authority appeared to lack knowledge of the applicable hill policy and laws governing hill constructions.

The report also indicated that the 2018 Hill Policy had been drafted by private agencies without consultation with the statutory authorities dealing with environment, climate, wildlife and pollution.

Expressing anguish, the court observed that Udaipur, known for its lakes, hills and wildlife, had been reduced to a “pitiable state” by the mushrooming of hotels and commercial projects around ecologically sensitive areas under policies framed without adequate expertise or scientific consultation.

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Subsequently, on July 28, the matter was ordered to be tagged with two pending PILs, one each by the Jheel Sanrakshan Samiti and the Udaipur Chamber of Commerce and others, before a division bench after the court was informed that the issues were interconnected.

Justice Jain directed the registry to place the writ petition before the division bench hearing the PILs concerning hill development and environmental issues in Udaipur.