Supreme Court Calls For Report On Environmental Impact Of Construction Of 5-Star Hotel Near Udai Sagar Lake, Rajasthan

In a public interest litigation assailing construction of a 5-star hotel in Udai Sagar lake of Rajasthan, the Supreme Court on May 14 called for a report from the state government on the status of construction as well as its impact on the environment (including the lake).

A bench of Justices Sanjiv Khanna and Dipankar Datta passed the order, listing the matter in September, 2024. The status report was directed to be filed within 6 weeks.

The facts of the case, as per the petition, are thus: One Vardha Enterprises purchased an agricultural land mass in the middle of Udai Sagar lake from local peasants in 2008. It sought permission for conversion of the land for construction of a resort and was granted the same.

In 2012, while hearing a contempt petition, the Rajasthan High Court quashed permissions granted by Urban Improvement Trust to Vardha Enterprises stating that the ongoing construction raised by the latter was illegal and liable to be dismantled. Vardha was also fined Rs. 1 crore on the polluter-pay principle.

Assailing the High Court order, Vardha Enterprises approached the Supreme Court, which ordered that status quo be maintained. Eventually, the High Court order was set aside.

In 2014, Vardha applied to the District Collector for constructing a temporary road up to the hotel premises passing through the government owned lake-bed. However, the request was denied. Two years later, a site report of Tehsildar, Girwa showed construction of a 13 ft. high permanent boundary wall around the whole island in Udai Sagar lake, including 0.31 Ha government land.

In 2017, the Supreme Court declared 20153 wetlands as wetlands for the purposes of Wetland Rules, 2010. Udai Sagar Lake was one of these. The same year, the petitioner approached the Urban Improvement Trust, Udaipur, pointing illegal construction by Vardha in Udai Sagar lake. However, the authorities responded that the matter was sub judice before the top Court, wherein a no coercive order had been passed.

Accordingly, the present petition was moved, claiming that the wetland system in Udaipur was "rapidly deteriorating" and the ecology of Udai Sagar lake was "fast degrading". As such, the encroachment in and around Udai Sagar lake needed to be removed.

"...the construction activities relating to the hotel project of Vardha Enterprises has severely damaged and degraded the Udaisagar lake system, some of it being irreversible in nature, and that has violated the citizens' right to a wholesome life rooted in a healthy environment which is embodied In the conjoint reading of Article 21, 4B-A and 51-A(g) of the Constitution".

During yesterday's hearing, Advocate Prashant Bhushan appeared for the petitioner and argued that the hotel construction was in violation of Wetland Rules. He further informed that an Expert Committee of the Urban Improvement Trust gave a report in 2017, which says that the wall constructed around the island in the lake is causing enormous environmental damage. Bhushan also pointed out that the court had stayed the High Court judgment and during the pendency of the case before it, the hotel was constructed.

In this backdrop, the bench re-listed the matter, calling for a status report.

Case Title: Jheel Sarankshan Samiti v. Union of India and Ors. (and connected matter)