Rajasthan High Court mulls suo motu PIL over Udaipur hill development chaos

• The Rajasthan High Court has expressed shock over Udaipur's 'pitiable' condition, observing that its hills are 'on the verge of extinction'.
• An interim inspection revealed numerous hotels constructed on surrounding hills without consulting environmental experts.
• The Hill Bye-laws and Policy of 2018 were prepared without considering climate, wildlife, pollution or environmental protection.
• The Court is considering initiating a suo motu PIL to examine the city's ecological survival.

The Court recorded that Udaipur, historically known for its lakes, hills (Magris) and wildlife sanctuaries, had now been 'reduced to a pitiable state'.

The Rajasthan High Court has expressed shock over the 'pitiable' condition of Udaipur, observing that the city's hills are 'on the verge of extinction' and being replaced by hotels. The Court's concerns were triggered by an interim inspection carried out by Court Commissioners, who found numerous hotels constructed on surrounding hills, with some areas showing signs of 'brutal cutting and construction.' The report also revealed that the Hill Bye-laws and Policy of 2018 were prepared without consulting statutory authorities dealing with climate, wildlife, pollution or environmental protection. This has raised questions about the validity of these policies and their impact on the city's ecological survival.

The Court's observations are significant in light of the Public Trust Doctrine, which is a constitutional principle that balances development with environmental protection. The Court noted that while Articles 14, 19, and 21 protect equality, business rights, and quality of life, these rights remain subject to reasonable restrictions flowing from the Public Trust Doctrine. In this context, the Court's scrutiny of the Hill Policy and its implementation is crucial in ensuring that the State adheres to its constitutional obligations. The Court also recalled an earlier Division Bench PIL, which had been disposed of in 2023 after the State assured the Court that it would faithfully implement the Public Trust Doctrine.

The Rajasthan High Court's suo motu PIL is a significant development for environmental protection in India. The case highlights the need for sustainable development and responsible governance, particularly in areas like Udaipur that are rich in natural resources. The Court's scrutiny of the Hill Policy and its implementation will have far-reaching implications for hotel or resort development projects in the area. Lawyers advising clients on such projects should be aware of the potential for environmental scrutiny and compliance with the Hill Bye-laws and Policy, as well as the Public Trust Doctrine.

Lawyers advising clients on hotel or resort development projects in Udaipur should be aware of the potential for environmental scrutiny and compliance with the Hill Bye-laws and Policy, as well as the Public Trust Doctrine, which may impact project approvals and operations.

Source: Original reporting via [Source]