Court Enforces Immediate Measures to Halt Construction, Mining, and Unregulated Tourism in Leopard Habitats
In a significant ruling aimed at preserving the ecological integrity of the Jawai region, the Rajasthan High Court has issued a series of directives to safeguard the natural habitat of leopards and maintain ecological balance. The decision underscores the constitutional duty to protect wildlife and the environment as essential components of the right to life under Article 21.
The court, led by Justices Dr. Pushpendra Singh Bhati and Sandeep Shah, emphasized the importance of ecological preservation, recognizing it as intertwined with the constitutional guarantee of life. The judgment calls for judicial intervention to prevent unauthorized construction, illegal mining, and unregulated tourism activities in the ecologically sensitive Jawai landscape, renowned for its leopard population and harmonious human-wildlife coexistence.
Key interim measures include halting all construction and mining activities in the Jawai region, restricting tourism licenses, and enforcing a draft Standard Operating Procedure (SOP) for wildlife and habitat protection. The draft SOP, prepared by forest officials, aims to regulate safari operations, construction, and other activities in the region until a final SOP is approved.
The ruling further mandates the immediate implementation of the draft SOP and the formation of the Jawai Safari & Eco-Tourism Coordination Committee to oversee its execution. The court also directed the State Government to consider declaring the area as a sanctuary under Sections 8 and 18 of the Wild Life (Protection) Act, 1972, to ensure protection and restoration of the ecosystem.
The decision highlights the need for coordinated efforts among multiple departments, including Forest, Revenue, Tourism, and local administration, for effective wildlife conservation measures. The court's intervention serves as a reminder of the shared constitutional responsibility between the State and its citizens to protect and improve the natural environment.
Bottom line:-
Protection of wildlife and ecological balance is a part of the right to life under Article 21 of the Constitution of India, and the State has a constitutional duty under Article 48A to safeguard forests and wildlife. Judicial intervention is warranted to prevent unauthorized construction, illegal mining, and unregulated tourism activities in sensitive ecological landscapes.
Statutory provision(s): Article 21, Article 48A, Article 51A(g) of the Constitution of India, Sections 8 and 18 of the Wild Life (Protection) Act, 1972
Apoorva Agrawat v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc id # 2901047
