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[2026:RJ-JP:17138-DB]
[2026:RJ-JD:19137-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
(1). D.B. Civil Writ Petition No. 19341/2025
1. Dinesh Kumawat Son Of Shri Nemi Chand Kumawat, Aged About 36 Years, Resident Of Ward No.18, Nawa City, Didwana Kuchaman, Rajasthan.
2. Chetan Prakash Son Of Shri Lala Ram, Aged About 32 Years, Resident Of Beed Ka Rasta, Nawa City, Didwana Kuchaman, Rajasthan.
3. Pushkar Son Of Shri Mangi Lal, Aged About 36 Years, Resident Of Beed Ka Rasta, Nawa City, Didwana Kuchaman, Rajasthan.
4. Nanda Ram Kumawat Son Of Shri Gheesa Ram, Aged About 42 Years, Resident Of Beed Ka Rasta, Nawa City, Didwana Kuchaman, Rajasthan
----Petitioners
Versus
1. Union Of India, Through Secretary, Ministry Of Environment, Forest And Climate Change, CGO Complex, Lodhi Road, New Delhi.
2. State Of Rajasthan Through Chief Secretary, Secretariat, Jaipur.
3. State Of Rajasthan Through Principal Secretary, Forest Department, Secretariat, Jaipur.
4. Union Of India Through Secretary, Central Wetlands Regulatory Authority, CGO Complex, Lodhi Road, New Delhi.
5. Hindustan Salt Limited (HSL) Through Its Chairman And Managing Director, G-229, Sitapura Industrial Area, Jaipur-302022.
6. Sambhar Salts Limited Through Chairman And Managing Director, G-229, Sitapura Industrial Area, Jaipur.
7. Sjvn Green Energy Limited, (Wholly-Owned Subsidiary Of The Public Sector Company Sjvn) (Satluj Jal Vidyut Nigam) Through Its Chairman And Managing Director, 7A, Seventh Floor, Naval Corporate Tower, J.L.N. Marg, Near Jawahar Circle, Jaipur
8. Rajasthan State Wetland Authority, Through Its Member Secretary, Food Building, Secretariat, Jaipur, Through Its Member Secretary.
9. District Collector, Didwana-Kuchaman, Rajasthan.
----Respondents
Connected With
(2). D.B. Civil Writ Petition No. 6539/2017
Sou Motu
----Petitioner
Versus
1. Secretary, Ministry of Environment and Forest and Climate Change, CGO Complex, Lodhi Road, New Delhi, Union of India.
2. Secretary, Central Wetlands Regulatory Authority, CGO Complex, Lodhi Road, New Delhi, Union of India.
3. Chief Secretary, State of Rajasthan, Secretariat, Jaipur
4. Principal Secretary, Forest Department, State of Rajasthan, Secretariat, Jaipur.
----Respondent
(3). D.B. Civil Contempt Petition No. 988/2023
Hindustan Salts Ltd. (Hsl), Having Its Office At G-229, Sitapura Industrial Area, Jaipur-302022 Through Its Authorized Signatory
----Petitioner
Versus
1. Dr. Amit Yadav, Collector District Nagaur, Collectorate Nagaur, Rajasthan 341001
2. Mr. Wasim Akram, Sarpanch Gram Panchayat Marwar Balia, Tehsil Deedwana, District Nagaur 341303
----Respondents
(4). D.B. Civil Contempt Petition No. 116/2026
1. Suo Moto
----Petitioners
Versus
1. Commodre Kamlesh Kumar(Retd.)., The Then Chairman And Managing Director Hindustan Salt Limited (Hsl), G-229, Sitapura Industrial Area, Jaipur-302022.
2. Ajay Kumar Singh, Chief Executive Officer, Chairman And Managing Director, Sjvn Geen Energy Limited (Wholly Owner Subsidiary Of The Public Sector Company Sjvn) (Satluj Jal Vidyut Nigam, 7A, 7Th Floor, Naval Corporate Tower, Jln Marg, Near Jawahar Circle, Jaipur.
3. Harsh Verma, Chief Executive Officer, Sambhar Salts Limited, G-229, Sitapura Industrial Area, Jaipur.
----Respondents
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
(5). D.B. Civil Writ Petition No. 24108/2025
1. Prakriti Sarthi Foundation, Having Registered Office At T-401, 3Rd 190 Liions, Vaishali Nagar, Jaipur, (Rajasthan) 302021 (Registration No. 093437) Through Its Director Sukh Ram Choudhary S/o Shri Shiv Lal Choudhary, Age About 63 Years, Resident Of Near Iti Circle, Shastri Nagar Colony, Basni Road, Nagaur.
2. Pawan Kumar Modi S/o Shri Ram Gopal Modi, Aged About 58 Years, Resident Of Purani Dhan Mandi Nawa, Tehsil Nawa, District Deedwana-Kuchaman.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of Energy, Government Of Rajasthan, Jaipur.
2. Rajasthan Renewable Energy Corporation Limited, Through Its Executive Director, E-167, Yudhisthir Marg C-Scheme, Jaipur.
3. Rajasthan Urja Vikas Nigam Limited, Through Its Chief Engineer, Registered Office At Vidhyut Bhawan, Janpath, Jyoti Nagar, Jaipur.
4. District Collector, Deedwana-Kuchaman.
5. Tehsildar, Nawa District Deedwana-Kuchaman.
6. Municipal Board Nawa, Through Its Executive Officer Nawa, Tehsil Nawa, District Deedwana-Kuchaman.
7. Senior Town Planner, Ajmer.
8. M/s S.j.v.n. Green Energy Ltd., Through Its Director Address At 7-A, 7Th Floor, Nawal Corporate Tower, Jln Marg, Near Jawahar Circle Jaipur.
9. Sambhar Salts Ltd., Through Its General Manager, Sambhar Lake Sambhar, District Jaipur.
10. Union Of India, Through Its Secretary Department Of Environment, Forest And Climate Change, New Delhi.
----Respondents
| For Petitioner(s) in CWP No.24108/2025 | Mr. Moti Singh Mr. Prashant Kachhawa |
| For Petitioner(s) in CWP Nos. 19341/2025, 6539/2017, 988/2023, 116/2026 | Mr. R.B. Mathur, Sr. Adv. assisted by Mr. Amit Malani, Mr. Manish Bhodiwal Mr. Falak Mathur, Mr. Yug Singh Mr. Utsal Verma, Mr. Salim Khan Gori, Mr. Chandra Mammani on behalf of Mr. Kapil Sharma through VC |
| For Respondent(s) in CWP No.24108/2025 | Mr. Mahaveer Bishnoi, AAG Mr. Arpit Sharma for Mr. Nathu Singh Rathore, AAG Mr. Ramavtar Sikhwal Mr. Akshay Nagori Mr. Vaibhav Bhansali |
| For Respondent(s) in CWP Nos. 19341/2025, 6539/2017, 988/2023, 116/2026 | Mr. Tushar Mehta, Senior Advocate (Solicitor General of India) through VC assisted by Mr. Lokendra Singh Kachhawa Mr. Bharat Vyas, Sr. Adv.-cum-A.S.G. through VC assisted by Mr. C.S. Sinha Mr. Dev Yadav, Ms. Anushka Khandelwal and Mr. Kapil Vyas Mr. Rajendra Prasad, Sr. Adv.-cum-A.G. assisted by Mr. Sheetanshu Sharma and Ms. Dhriti Laddha, Mr. Tanay Goyal Ms. Parinitoo Jain through VC Commodre Kamlesh Kumar Ex-CMD, HSL/SSL, present in person through VCK |
HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA
HON'BLE MR. JUSTICE SANJEET PUROHIT
Judgment
Date of conclusion of Arguments : 17th April, 2026
Date on which judgment was reserved : 17th April, 2026
Whether the full judgment or only the operative part is pronounced : Full judgment
Date of pronouncement : 28th April, 2026
(Per Hon’ble the Acting Chief Justice)
1. The present application has been preferred by the applicant-respondent primarily praying for vacation of the interim order dated 17.12.2025, for permitting the respondent to proceed with the establishment of the proposed 100 MW Solar Power Project at Khasra No. 1174, Village Nawa, District Nagaur, Rajasthan and dismissal of the stay application with exemplary costs.
2. It has been contended by the Learned Counsel for the applicant–respondent that the writ petition has been filed suppressing material facts, particularly the pendency of proceedings being O.A. No. 143/2025 (CZ) titled Rajendra Kumar & Ors. Vs. Union of India & Ors. before the Hon’ble National Green Tribunal, Central Zone, Bhopal. It is submitted that the said proceedings pertain to the very same project and involve residents of the same village, and therefore the plea of ignorance taken by the writ petitioners is wholly untenable.
3. It is further contended that the Learned National Green Tribunal, while entertaining the said Original Application, has neither stayed the project nor restrained the respondents from proceeding further. Rather, by order dated 15.10.2025, a Committee was constituted to examine the factual and legal aspects of the project. The applicant submits that all relevant documents were furnished before the Committee and local stakeholders were duly heard.
4. He has also pointed out that the project in question, being a Solar Power Project, falls within the “White Category” as notified under the Rajasthan Water (Prevention and Control of Pollution) Rules, 1975 and the Rajasthan Air (Prevention and Control of Pollution) Rules, 1983, and further clarified by the Rajasthan State Pollution Control Board. It is submitted that such projects do not require prior environmental clearance in view of the Office Memorandum dated 13.05.2011 issued by the Ministry of Environment and Forests under the EIA Notification, 2006.
5. The Learned Counsel further submits that the project site at Khasra No. 1174 is situated beyond a distance of 5 kilometers from the Sambhar Lake Wetland and is not part of any notified wetland area. Reliance has also been placed upon a communication issued by the Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, clarifying that the land in question lies outside the wetland boundary as well as outside the area involved in pending suo motu proceedings before this Court.
6. It is contended that the petitioners have misled this Court into passing the ex parte interim order dated 17.12.2025 by suppressing these material facts and that the continuation of the said order is causing serious prejudice to a project aimed at generation of clean energy for the State.
7. This Court finds that certain material facts, particularly the pendency of proceedings before the Hon’ble National Green Tribunal and the absence of any interim restraint therein, were not brought to the notice of this Court at the time of passing of the order dated 17.12.2025.
8. The suppression of material facts is a matter of serious concern and disentitles a litigant from equitable relief.
9. At the same time, this Court cannot be unmindful of the environmental concerns raised and the necessity of ensuring that developmental activities proceed in accordance with law and with due safeguards.
10. In this regard, guidance may be drawn from the judgment of the Hon’ble Supreme Court in Harbinder Singh Sekhon v. State of Punjab, 2026 SCC OnLine SC 204, wherein it has been held that the doctrine of sustainable development requires a balance between environmental protection and deve
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