Rajasthan High Court Greenlights Solar Power Near Sambhar Lake—With Wings for Flamingos

In a landmark ruling balancing India's renewable energy push with wetland conservation, the Rajasthan High Court has vacated an interim stay on a 100 MW solar project near the ecologically vital Sambhar Lake. The bench, led by Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit, cleared SJVN Green Energy Limited to proceed on land in Khasra No. 1174, Village Nawa, District Nagaur—but only with strict bird-friendly modifications. This decision, pronounced on April 28, 2026, resolves interconnected writs, contempt petitions, and a suo motu case tied to the site's contentious status.

From Salt Flats to Solar Panels: The Battle Over Nawa's Land

Sambhar Lake, India's largest inland saltwater lake and a flamingo haven, has long fueled salt production via companies like Hindustan Salt Limited (HSL) and Sambhar Salts Limited. Land in Nawa City, classified in revenue records as 'Lawan Kshetra' (saline soil), was allotted to these firms decades ago for salt works. Fast-forward to 2025: SJVN Green Energy, a subsidiary of public sector Satluj Jal Vidyut Nigam, partnered in a joint venture to repurpose Khasra No. 1174—deemed barren and waterless—for solar power.

Local residents (Dinesh Kumawat and others) and NGO Prakriti Sarthi Foundation filed writs (CWP Nos. 19341/2025, 24108/2025) fearing wetland encroachment. A parallel suo motu petition (CWP 6539/2017) and contempt matters (988/2023, 116/2026) scrutinized HSL executives and officials. The court imposed an ex parte stay on December 17, 2025, halting work amid claims the site was part of the protected wetland. An expert report from Additional District Judge, Sambhar Lake (filed April 2, 2026), confirmed: no water body, no connection to the lake (2.25 km away), no wetland or buffer zone—despite saline soil.

Petitioners Cry Wetland Foul, Developers Push Clean Energy Imperative

Petitioners argued the project threatened Sambhar's avian paradise, invoking wetland laws and suppressing a parallel National Green Tribunal (NGT) case (OA 143/2025) in Bhopal, where no stay existed and a committee had cleared aspects. They claimed proximity risked migratory birds and underground water links.

SJVN and HSL countered fiercely: the site is "White Category" (no prior environmental clearance needed per MoEF OM 2011); beyond 5 km from the wetland; Estate Officer certified it outside public premises boundaries. Suppression of NGT proceedings misled the court, they said, stalling a vital clean energy initiative amid Rajasthan's power crunch. Ex-CMD of HSL/SSL testified water rarely pools there, even post-rain, and nearby homes dot the intervening stretch.

Courts Tip the Scales: Sustainable Development Trumps Absolute Halt

Drawing from Supreme Court wisdom in Harbinder Singh Sekhon v. State of Punjab (2026 SCC OnLine SC 204), the bench emphasized judicial restraint on expert classifications but mandated intervention where environmental safeguards erode Article 21 rights. "The doctrine of sustainable development... requires a balance between environmental protection and developmental needs," it noted, rejecting blanket stalls on public projects.

Precedents like Vellore Citizens' Welfare Forum enshrined the precautionary principle: err on protection amid credible risks. Yet, expert reports debunked wetland claims—'Lawan Kshetra' denotes soil type, not lake territory. The court lauded solar's role in energy scarcity while prioritizing Sambhar's birds.

Key Observations from the Bench

"The mere presence of such salinity... does not ipso facto render the entire land as forming part of the Sambhar Lake or a designated wetland area."

"Development that undermines [life, health, and environmental integrity] ceases to be constitutionally permissible development."

"Both the development works and the maintenance of environment including the flora and fauna, should be carried out in tandem."

These quotes underscore the court's nuanced pivot from halt to harmony.

Panels Up, Birds Welcome: The Verdict and Its Ripple Effects

The interim order stands vacated. SJVN can build, but with mandates: - Panels at least 1.5m high (or more) for bird nesting/breeding underneath. - Triple replanting if trees are removed. - No barriers to rainwater inflow for seasonal bird use.

Contracts between HSL, Sambhar Salts, and SJVN get extension, treating stay period as dies non . Road blockages must cease. Main petitions list May 14, 2026.

This ruling, echoing headlines like "Rajasthan High Court Clears Solar Project Near Sambhar Lake, Imposes Safeguards For Migratory Birds," sets a template: solar sprawl yes, but eco-sensitive. Future projects near fragile zones may thrive under such 'green conditions,' boosting renewables without feathering foes.