Rajasthan High Court Censures State For Not Acting Against Encroachers, Encourages Deployment Of Scientific Tools To Protect Forest Blocks

Citing the example of sustainable development in Bhutan as an apt model, Rajasthan High Court has directed the State to rely on scientific tools and methods to prevent forest encroachment and preserve natural resources.

“…this Court directs the respondents to evolve and adopt the scientific temper for dealing with the problems, which are arising continuously all over the State, akin to the current problem, whereby the natural resources in the shape of forests, reserve lands, hills, reservoirs and protected areas are directly in conflict with the ever-expanding Abadi limits”, the Division Bench of Dr. Justice Pushpendra Singh Bhati and Justice Munnuri Laxman ordered.

The bench granted the State authorities three months to prepare a comprehensive plan after taking note of the location and size of the encroachments, as well as the revenue records related to them. Earlier, the Advocate General had submitted that the state government would coordinate with all stakeholders to ensure that encroachers do not take advantage of forests.

“…. This Court is exercising all the restrain….to not make it too strict by issuing contempt notices to the State, but is still extremely worried about the manner, in which, the previous orders of this Hon'ble Court passed in the present petition have been dealt with. However, having regard and respect to the statement made by the Advocate General, this Court abstains itself from contemplating any strict action against the concerned authorities at this juncture…”, the bench sitting at Jodhpur observed.

In case of failure to abide by the court's instructions, the division bench has reminded that strict action will follow if a concerted effort is not made to follow up on the promise given by the advocate general.

The coordinate benches of the High Court had earlier passed stringent directions repeatedly in this case for protection of the forest block, which includes seven segments i.e. (i) Beriganga, (ii) Bhuteshwar, (iii) Machia, (iv) Chanana, (v) Motisara, (vi) Lalsagar and (vii) Devkund.

“…Law recognizes the responsibility of the State in acting as a guardian and a custodian for forests, reflecting the spirit that forests need to be protected and nurtured…”, the Division Bench underscored in the order.

After apologising for the lukewarm attitude so far, the advocate general guaranteed that a consolidated affidavit of Additional Chief Secretary, Forest Department will be placed before the court on behalf of all the officers of respective departments on the next date of hearing.

The court has also asked Jodhpur Municipal Corporation, Jodhpur Development Authority and Jodhpur Vidyut Vitran Nigam Limited to inform the court about the progress they have made so far in preventing encroachments on the next hearing date.

Additionally, to encourage the use of scientific tools in the preservation of nature and forests, the court has made the following stipulations:

1. The state should procure a phased report pertaining to the last 24 years, which can be on two yearly basis each, indicating, satellite mapping, high resolution satellite images/aerial photographs (by remote sensing techniques, Geo-tagging, Geo-Spatial mapping, Geo fencing, Geo reference etc.

Based on this information, the state can mark preserved areas after using scientific tools and relying upon certain experts in relevant fields, the court noted in the order.

1. The court has also instructed to maintain the maps of preserved areas updated every six months by appointing high-level officers for this purpose.
2. Using scientific tools, the state may do surveillance and monitoring of specific areas that require continuous attention and protection from encroachment.
3. The state is required to stay true to its character of a welfare state by ensuring good governance and by working towards sustainable development.

The High Court also spoke highly of the example set by the neighbouring country of Bhutan which has reserved 60% of its country for forest cover and natural areas via Section 5(3) of its Constitution. It set an example of a modern and progressive society that works towards sustainable development, the court opined.

“….The modern State must strive to strike a balance between the needs of its citizens and the environment, especially when the harmony between the two is disrupted by various factors, including astronomical land prices and inadequate implementation of legislative plans for identifying forests”, it was further noted by highlighting the example of Bhutan.

The court also commented positively about the NCT Delhi procuring satellite maps every three months to keep an eye on any new constructions, before issuing the aforesaid directions to the Rajasthan Government for satellite mapping and other methods. These activities are currently carried out under the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015.

The matter has been posted for 08.07.2024.

For Petitioners: Mr. Moti Singh, with Mr. Kshitij Vyas.

For Respondents: Mr. Rajendra Prasad, Sr. Adv. & Advocate General, Mr. Rajesh Panwar, Sr. Adv. assisted by Mr. D.S. Sodha. Dr. Praveen Khandelwal, AAG. Mr. B.L. Bhati, AAG. Mr. B.S. Sandhu. Mr. Rajat Dave. Mr. Manas Ranchhor Khatri. Mr. Anil Upadhyay.

Case Title: Ram Ji Vyas v. State of Rajasthan & Ors

Case No: D.B. Civil Writ Petition No. 9740/2021

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