Rajasthan High Court Stays Construction Of Any Road Passing Through Lakes In Udaipur

The Rajasthan High Court has stayed the construction of any road passing through any of the lakes in Udaipur. The order has been passed by a Division Bench of Justices Sangeeta Lodha and Vinit Kumar Mathur in an application for stay of tender notices issued in tis regard.

The Court has granted time to the concerned State authorities to submit their replies in the matter and meanwhile, until further orders, directed them not to construct any road which may pass through any of the lakes in the city.

Background

The stay application was filed in 2014 suo moto case, where the High Court had taken cognizance of the dismal condition of the lakes and other heritage structures in Udaipur. The matter was later closed with directions to clean the lakes. A committee was also constituted to ensure that the directions are complied with.

In 2019, the applicant, a member of the court-directed committee constituted by the State, wrote several letters to the Court apprising it of the improper functioning of the committee and non-compliance with the previous directions. Thereby the Court took cognizance as issued a notice, which is pending to date.

However, in April 2021, Udaipur Smart city floated tenders to construct an alternative road that would pass through the perimeter of Pichola lake; the applicant has now filed a stay application seeking to restrain Udaipur Smart City.

Filed through Advocate Jagdish Chandra Vyas, the applicant submits that the proposed construction of the said alternate road in the form of a bridge is completely in the submergence of Pichola Lake, which comes within the 'no construction zone'.

It is also submitted that the proposal contradicts the Rajasthan Lakes (Protection & Development) Authority Act, 2015. The process of laying pillar foundations in the submerged area would lead to excavation of an estimated quantity of 13396 cubic meters in the lake bed and deprive a certain part of the area of the necessary sunlight, the application further adds.

Additional Advocate General Rekha Borana submitted that though the notice inviting tender was issued, no tender was received under it. Therefore, the contract has not been awarded till date.

Seeking time for filing the reply, it was also submitted that in the near future, there is no possibility of the construction work of the proposed.

The Court ordered thus:

"Learned AAG and learned counsel appearing for the respondents UIT, Udaipur and Udaipur Smart City Limited, seek two weeks' time to file reply to the misc. application as also to the stay petition. Time prayed for is allowed. In the meanwhile and until further orders, no road passing through any of the lakes in Udaipur shall be constructed by the respondents."

The matter will now be heard on 17th September.

Case Title: Suo Moto vs. State of Rajasthan & Ors.

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