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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SANJEEV PRAKASH SHARMA, BALJINDER SINGH SANDHU
Nitin Jain S/o Shri Narendra Kumar Jain – Appellant
Versus
Principal Secretary, Department of Forest, Jaipur – Respondent
| Table of Content |
|---|
| 1. allegations of unauthorized encroachment in ecologically sensitive zones. (Para 1 , 2 , 3 , 4) |
| 2. response of parties citing land status and denial of encroachment. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. judicial assessment of factual findings and nature of dispute. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. environmental conservation and constitutional mandate for esz compliance. (Para 19 , 20 , 21 , 22 , 23 , 28) |
| 5. institutional enforcement and mandatory waste management protocols. (Para 24 , 25 , 26 , 27 , 29 , 30 , 31) |
| 6. formal disposal of the public interest litigation. (Para 32) |
JUDGMENT :
1. The present Public Interest Litigation concerns allegations of illegal construction, excavation, encroachment, and environmental damage caused by Respondent Nos. 11 and 12, namely Brahma Kumaris Sansthan (hereinafter referred to as “the Sansthan”), within the Eco-Sensitive Zone (ESZ) of Mount Abu. The area falls within and around the Mount Abu Wildlife Sanctuary, which is an ecologically sensitive region protected under the Environment (Protection) Act, 1986 and related notifications. The grievance of the petitioners is that despite repeated complaints, the concerned authori
''Zero Meter'' Eco-sensitive Zone- Law does not require a procedure akin to one, which is being followed at the time of making an environment impact assessment before giving clearance.
Public interest litigation - Court must be careful to see that a body of persons or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or polit....
The Supreme Court ruled that unauthorized constructions cannot be demolished without credible evidence of legal violations, emphasizing the importance of prior permissions from competent authorities ....
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