HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5863/2024 Kanha Hotels And Spa Pvt. Ltd.

----Petitioner Versus Union Of India ----Respondent For Petitioner(s) : Mr. R. B. Mathur, Sr. Adv. assisted by Mr. Daksh Pareek Mr. Falak Mathur Mr. Manish Mr. Yug Singh Mr. Utsav Verma For Respondent(s) : Mr. C. S. Sinha with Mr. Mayank Kamwar Ms. Anima Chatuvedi for ASG Mr. B. S. Chhaba, AAG Mr. Amit Kuri HON'BLE MR. JUSTICE SAMEER JAIN

Order

06/04/2026 As substantial arguments are heard, the instant matter is marked as part heard and the same is admitted.

The present writ petition has been filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, assailing the impugned order dated 28.02.2024 passed by the Standing Committee of the Wildlife Department.

In the instant matter, it is contended by the learned Senior Counsel for the petitioner that the petitioner-entity is operating as a 5-star hotel facility under the name and style of Kanha Hotel and Spa Pvt. Ltd. It is further submitted that the petitioner has entered into a commercial collaboration with the internationally recognized brand, Taj Hotels.

It is submitted that during the period from 2007 to 2019, the petitioner diligently sought and procured all requisite statutory permissions and No Objection Certificates (NOCs) from various instrumentalities of the State, including the Pollution Control Board, Jaipur Development Authority (JDA), Fire Department, Forest Department, Wildlife Department, and the Nagar Nigam.

Learned counsel emphasizes that, relying upon the aforesaid approvals from the State authorities, the petitioner has secured a substantial financial loan to the tune of approximately Rs. 100 crores, in addition to its own significant capital investment. It is next submitted that as on date, the commercial facility allegedly generates a net turnover of approximately Rs. 150 crores and provides direct employment to nearly 350 employees.

The gravamen of the petitioner’s submission is directed against the impugned order dated 28.02.2024. Learned counsel argued that the said order suffers from material perversity and has been passed in an arbitrary and hostile manner against the petitioner. It is contended that the respondent-authorities are barred by the doctrine of promissory estoppel from taking a contradictory stand, as the impugned action seeks to arbitrarily reverse their own previous decisions and approvals that were granted in favor of the petitioner.

In support of these contentions, reliance has been placed upon the notification dated 08.03.2019, which delineates the Zonal Masterplan of the new unit. Learned counsel has further relied upon an inspection report prepared by the Wildlife Department subsequent to the year 2019, pursuant to which a No Objection Certificate (NOC) was issued by the State authority. In light of the above submissions, it is prayed that the impugned order dated 28.02.2024 be quashed and set aside.

Per contra, Mr. Sinha, learned counsel appearing on behalf of the respondent-Union of India, while admitting the existence of the documents produced by the petitioner, vehemently opposed the present petition. It is submitted that the commercial operations of the said facility have not yet commenced. To substantiate this claim, reliance was placed upon photographic evidence produced by the petitioner itself which were extracted from Google depicting the status of the property in the year 2022, as well as the official note-sheets of the JDA dated 21.09.2022. Learned counsel submitted that while the primary construction has commenced, the finishing work remains pending and therefore the commercial operation of the hotel has not begun as alleged by the learned counsel for the petitioner.

Learned Additional Advocate General has supported the contentions made by the learned counsel for the respondent-Union of India. Howsoever, learned AAG seeks time to argue the matter.

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