'How A City Can Become Smart Without Protecting Water Bodies/Wetlands?' : Supreme Court Summons Rajasthan Chief Secretary

The Supreme Court recently expressed displeasure with the State of Rajasthan's failure to comply with its earlier order regarding the restoration of wetlands in Ajmer City as part of the Union's Smart City Development Mission and warned of potential contempt proceedings if the orders remain unfulfilled.

“In view of non-compliance with the order dated 1st December, 2023, before we consider of initiating action under the Contempt of Courts Act, 1971, we direct the Chief Secretary of State of Rajasthan to appear before the Court through video conferencing on Monday 17th March, 2025.”, the court observed.

The direction issued under the impugned order dated Dec. 1, 2023 was for restoration of wetlands, and the Court also directed the authorities to report compliance. However, instead of showing compliance with the impugned order, the authorities reported defiance of the order, attracted the Court's criticism.

“We wonder how a city can become smart without protecting the water bodies/wetlands in the city and how cities will become smarter by making encroachments on the water bodies/wetlands.”, the bench comprising Justices Abhay S Oka and Ujjal Bhuyan said after noting defiance of the Court's order.

“Instead of filing an affidavit indicating the extent to which the State can comply with directions contained in the impugned orders and the time span within which the same are proposed to be complied with, an affidavit has been filed by Mr. T. Ravikanth, holding charge of Principal Secretary LSG, Jaipur, in which the stand is of defiance and not compliance. An additional affidavit has been filed by Mr. Deshal Dan, holding charge of Commissioner cum ACEO, Ajmer Smart City Limited. Both the affidavits indicate clear defiance on the part of the State of Rajasthan.”, the court observed.

The Court added that if the State wishes to avoid contempt of court proceedings, the Chief Secretary should file a personal affidavit demonstrating compliance with at least some of the directions in both the original impugned judgment and the December 13, 2021 order.

“If the State of Rajasthan is seriously interested in purging the contempt, we expect the Chief Secretary to file his personal affidavit reporting compliance with at least some of the directions issued under the impugned judgment as well as under the order dated 13th December, 2021 passed by the National Green Tribunal.”, the court said.

Case Title: STATE OF RAJASTHAN & ORS. VERSUS ASHOK MALIK & ORS.

Click here to read/download the order

Appearances:

For Appellant(s) Mr. Shiv Mangal Sharma, A.A.G. Mr. Abhishek Sharma, Adv. Ms. Nidhi Jaswal, AOR

For Respondent(s) Mr. Rameshwar Prasad Goyal, AOR Caveator-in-person, AOR Mr. Anand Shankar, AOR Mr. Nishant Awana, Adv. Ms. Rini Badoni, Adv. Ms. Rebecca Mishra, Adv. Mr. G.s.awana, Adv. Mr. Sahil, Adv. Mr. Mayank Chaudhary, Adv. Mr. Niteen Kumar Sinha, AOR