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2026 Supreme(Raj) 913
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, REKHA BORANA, JJ.
Apoorva Agrawat, D/o. Jaydev Prakash - Petitioner
Versus
State Of Rajasthan, Through The Principal Secretary, Government Of Rajasthan, Environment Department – Respondent
D.B. Civil Writ Petition No. 5128 of 2026
Decided On : 05-09-2026
Important Points
Subject
Environmental Law - Wildlife Conservation
Act Referred
Headnote
(B) Precautionary Principle and Sustainable Development - Preventive action is required where activity presents a credible risk of serious or irreversible ecological injury - Regulations must distinguish between ecologically destructive commercial activity and ordinary residential, agricultural and civic requirements of historical inhabitants. (Para 6.2)
(C) Ecological Buffers and Construction Control - Application of a one-kilometer aerial distance as a precautionary screening and regulatory threshold for construction around critical leopard habitat features - Such a distance is supported by scientific evidence regarding the impact of human disturbance and infrastructure on habitat suitability, though it remains an interim measure pending detailed geo-referenced mapping and a comprehensive policy. (Paras 9.6, 10.1.1)
Facts of the case:
A Public Interest Litigation was filed seeking the identification and protection of leopard caves, dens, breeding sites, and movement corridors. The petitioner sought to regulate construction, tourism, and safari operations in a mixed-use ecological region comprising forest, revenue, and private lands, alleging that unregulated commercial growth and fencing were fragmenting the habitat and disturbing wildlife.
Findings of Court:
The court found that while a permanent blanket prohibition on all construction is not feasible, an interim regulatory framework is necessary. It directed that no new construction, hill cutting, or land alteration be permitted on identified leopard caves, dens, breeding sites, or corridors regardless of land ownership. A one-kilometer "Construction-Control Zone" was established around these features, prohibiting new commercial, residential, or civic structures, except for bona fide residential construction within existing village areas, essential public utilities (schools, dispensaries), and traditional livelihood activities. (Paras 11-III, IV, V)
Issues: Whether an indiscriminate prohibition on all construction throughout the landscape is required and how land-use activities within the proximity of protected-area boundaries and identified habitats should be controlled pending a comprehensive government policy.
Ratio Decidendi: The court ruled that the precautionary principle justifies the use of a one-kilometer buffer as a rational scientific basis for interim regulation of human activity near critical wildlife habitats. It held that ecological integrity outweighs land classification (private or revenue), and that any activity disrupting wildlife movement or habitat must be restricted to prevent irreversible damage, while balancing this with the basic residential and civic needs of local communities. (Paras 10.1, 11)
Result: Writ petition disposed of with directions to enforce construction prohibitions in the designated control zones, implement the Standard Operating Procedure for tourism, and prepare geo-referenced maps of the habitat.
For the Petitioner: Mr. Vikram Nimbark, Mr. Dilip Kumar, Mr. Harsh Gupta, Mr. Mahendra Kumar Gurjar.
For the Respondents: Mr. Bharat Vyas, Sr. Adv. & ASG assisted by Mr. Vaibhav Bhansali, Mr. T.C. Sharma, Mr. Mahaveer Bishnoi, AAG, assisted by Mr. Harshvardhan Singh, Mr. Narendra Singh Rajpurohit, AAG, assisted by Ms. Kanchan Jodha, Mr. B.L. Bhati, AAG, assisted by Mr. Deepak Chandak, Dr. Sachin Acharya, Sr. Adv. assisted by Mr. Sharad Kothari & Mr. Pranjul Mehta, Mr. Ritu Raj Singh Rathore, Mr. Vikas Bijarnia, Mr. Manish Patel, Mr. Nikhil Ajmera with Mr. Bharat Singh Rathore, Ms. Abhilasha Bora, Mr. Dinesh Pal Singh Charan.
JUDGMENT :
Pushpendra Singh Bhati, J.
1. The present Public Interest Litigation has been instituted raising concerns regarding the protection of leopard habitat, caves, dens, breeding sites and wildlife-movement corridors in the Jawai region of District Pali and seeking regulation of construction, tourism, safari operations, fencing and other activities alleged to be adversely affecting the ecological integrity of the landscape. The petitioner has claimed the following reliefs:
“a. Issue an appropriate writ, order or direction directing the Respondent State to identify, map and notify all active leopard caves, dens and breeding sites in the Jawai region of District Pali, Rajasthan, including villages Kothar, Vellar, Mori Bera, Raghunathpura, Varaval, Bera, Doodni, Jeevda, Sena, Bisalpur and Perwa.. Direct the Respondents to undertake a comprehensive scientific assessment of the entire Jawai landscape and to rationalise, consolidate and suitably extend the existing “Jawai Dam Leopard Conservation Reserve” notifications dated 27.02.2013 and “Jawai Dam Leopard Conservation Reserve-II” notification dated 15.06.2018 so as to include all remaining leopard-inhabited hills, caves, foothills and movement corridors, in the Jawai region of District Pali, Rajasthan, including villages Kothar, Vellar, Mori Bera, Raghunathpura, Varaval, Bera, Doodni, Jeevda, Sena, Bisalpur and Perwa, while ensuring that traditional grazing rights of local communities remain unaffected.
b. Direct that no construction activity of any nature shall be permitted within a minimum aerial distance of 1000 Meters from the foothills of identified leopard caves and dens. All No Objection Certificates (NOCs) granted for any type of constructions within 1000 meters from foothills, where leopard cave/den is situated, be declared null and void. Direct review and reform of the No Objection Certificate granting process, so that wildlife presence and habitat sensitivity are mandatorily assessed before issuance. Direct that NOCs granted in violation of wildlife protection principles be reviewed and reconsidered. All NOCs must be reviewed again on new parameters of distance.
c. Direct prohibition of barbed wire fencing within a radius of 2000 meters from the foothills of leopard caves/dens, so as to ensure free and safe movement of leopards and other wildlife. Direct removal or modification of existing fencing that obstructs established wildlife corridors. Direct District Collector Pali to remove all encroachments on the lands of Rajasthan Government, which is illegally occupied by method of barbed wire fencing by any person or any tourism unit.
d. Direct the Respondents to frame and notify specific guidelines for tourism activities in the Jawai region, including location, design, scale and operation of tourism units. Direct that no tourism unit shall be conceptualized or marketed on the premise of direct visual access to leopards from rooms or private premises, as such practices cause continuous disturbance to wildlife. Direct suspension of approvals and construction of tourism units found to be in violation of wildlife protection norms.
e. Direct the Respondents to regulate safari operations in the Jawai region on parity with established wildlife tourism models, including those applicable in National Parks and Wildlife sanctuaries. Direct fixation of:
maximum number of safari vehicles,
designated routes,
Timing restrictions including complete ban on night safaris.
Mandatory conduct guidelines for safari operators.
Direct the Regional Transport Authority to ensure that:
No old or mechanically unfit vehicle is permitted for safari purposes, at par with norms adopted in other national parks and wildlife sanctuaries.
Vehicles comply with fitness, emission and noise norms.
f. Direct constitution of a multi-departmental committee comprising representatives of:
Forest Department,
Revenue Department,
Tourism Department,
Local Administration,
And wildlife experts, to oversee implementation of directions
