Supreme Court Issues Notice On Plea Against NGT Order Stopping Commercial Activities At Nahargarh Fort, Jaipur

The Supreme Court today issued notice in the appeal filed by the Secretary Department Of Archaeology And Museums. State of Rajasthan challenging NGT's order of closing all the commercial activities from December 1, including restaurants and light and sound show at the Nahargarh Fort, near Jaipur.

The bench of Justices Abdul Nazeer and Krishna Murari while issuing notice remarked, "Issue notice and you file your counter. We're issuing notice only to monitor your activities. List after 8 weeks."

Courtroom Exchange

When the matter was called for hearing, Justice Abdul Nazeer, the presiding judge of the bench remarked as to why non forest activities were being conducted in forest areas.

At this juncture, Senior Advocate Manish Singhvi appearing for the Department of Archaeology and Museums submitted that all historical monuments had some refreshment activities and that there was a state run restaurant which had been there for 30 years. It was also his contention that without restaurants, the tourists would not have anything to eat.

"We'll hear this. We really don't know how old the restaurant is. Some exceptions will have to be there. It is not like mining or construction of fresh buildings. Mr Singhvi, please stop your light and show programmes. Forest area, you should not have light and sound," Justice Nazeer remarked.

While senior counsel proposed reducing the decibel of light and sound show, the bench said, "No completely stop light and sound because your existence is in doubt. There is no order of demolition here. What are you doing with this light and sound?"

On senior counsel's submission that the same was only for showing the history of the area, the bench further remarked, "No No you stop the practice. I think you're multi dimensional. What are you doing with this liquor thing?? Your area should not have liquor and beer."

The bench thereafter issued notice returnable within 8 weeks.

Background

The verdict of the NGT by the bench Justices Adarsh Kumar Goel, S.K. Singh, S. Agarwal, Brijesh Sethi, Dr. Nagin Nanda, Arun Kumar had come on a plea filed by environmentalist Rajendra Tiwari. In the petition it was contended that the Nahargarh area was declared as reserved forest land and came under the purview of the Central Government but commercial activities including restaurants, wax museum, light and sound show were being operated under the Archeology and Museum department of the state government.

By interim order dated October 4, 2021 the bench had directed the Rajasthan government to shut down all restaurants operating in the notified area of Nahargarh Wildlife Sanctuary/ Fort from December 1, saying that no non-forest activity could be allowed there without the Centre's approval.

Case Title: The Secretary Department Of Archaeology And Museums And Ors. Versus Rajendra Tiwari And Ors.| C.A. No. 7128/2021

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