The Supreme Court recently reprimanded the Jaipur Municipal Corporation (Heritage) for permitting pollution in Jal Mahal Lake, questioning how the city can aim for Smart City status while jeopardizing its water bodies.
“Today we see the Commissioner appearing online with the name board of Smart City behind him. We wonder how the city of Jaipur will become a Smart City by destroying Jal Mahal Lake," the court remarked.
A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan strongly criticized the Jaipur Municipal Corporation (Heritage) for discharging untreated sewage and rainwater from its headquarters into Jal Mahal Lake.
The court also condemned the corporation for extending sewage lines into natural drains originating from the forest, further harming the lake's ecosystem.
“Municipal Corporation Heritage headquarters releases dirty rainwater and sewage water into Jal Mahal Lake from time to time. It is also noted that waste materials are also immersed in Jal Mahal Lake due to which water has been completely contaminated. Moreover, Municipal Corporation is increasing sewage lines into the natural drains coming from the forest into Jal Mahal lake. In short due to neglect and illegal acts on the part of the first petitioner Jal Mahal Lake has been completely destroyed”, the Court observed.
The Commissioner of the municipal corporation appeared before the court and submitted an affidavit citing a development project by the state government and the tourism department. However, the court remarked that the project was unrelated to the restoration or preservation of Jal Mahal Lake. The bench also noted that no expert agency had been consulted to recommend measures for protecting and restoring the lake.
The court ordered the municipal corporation to appoint the National Environmental Engineering Research Institute (NEERI) within a week to formulate a comprehensive report outlining immediate pollution control measures and long-term strategies for preserving Jal Mahal Lake.
The court further directed that no development work related to Jal Mahal, as mentioned in a government letter dated November 26, 2024, should proceed until NEERI's recommendations are received. It also instructed the municipal corporation to prevent vending activities and market setups near the lake and to submit a compliance affidavit by March 21. The matter is scheduled for the next hearing on March 24.
The Jaipur Municipal Corporation approached the Supreme Court challenging an order by the National Green Tribunal (NGT) in a case concerning its plan to establish a night market near Jal Mahal Lake. The corporation had invited tenders for the market through an advertisement dated May 19, 2022. The petition alleged that the market was operating within the eco-sensitive zone of the Nahargarh Wildlife Sanctuary without the required permissions and was contributing to pollution.
The NGT constituted a committee comprising officials from the Rajasthan State Pollution Control Board, the Principal Chief Conservator of Forests, and the Jaipur Collector to investigate the issue. The committee's report confirmed that the night market was operating within the eco-sensitive zone without clearance from the monitoring committee or approvals under pollution control laws. Although the municipal corporation suspended the market on July 24, 2023, the committee found that pollution concerns in the area remained unresolved.
The Rajasthan State Pollution Control Board confirmed that no permission had been granted for discharging wastewater into Jal Mahal Lake under the Water (Prevention and Control of Pollution) Act, 1974, or the Air (Prevention and Control of Pollution) Act, 1981. A water analysis report dated December 30, 2022, submitted by the petitioner, indicated severe pollution, with Dissolved Oxygen (DO) at 2.3, Biochemical Oxygen Demand (BOD) at 24, and Chemical Oxygen Demand (COD) at 72.
The NGT found that the night market had been operating illegally from November 1, 2022, to July 24, 2023, and imposed an environmental compensation of ₹10,000 per day on the Jaipur Heritage Municipal Corporation for this period, directing the amount to be deposited with the Principal Chief Conservator of Forests (PCCF) Wildlife Jaipur.
The tribunal further ruled that no future night market or commercial activity could be conducted in the eco-sensitive zone without prior approval from the monitoring committee and pollution control authorities. It directed the District Collector and Chief Wildlife Warden to strictly enforce eco-sensitive zone guidelines. Additionally, the tribunal ordered authorities to ensure the payment of environmental compensation within two months, warning that execution proceedings would be initiated in case of non-compliance.
The Jaipur Municipal Corporation has challenged this order in the present petition.
Case no.: Civil Appeal No. 6469/2024
Case Title: Nagar Nigam Heritage Jaipur & Anr. v. Rajendra Tiwari & Ors.
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