Rajasthan High Court on Tuesday ordered regulatory measures for the protection of leopards in the Jawai Leopard Reserve in Pali district, directing that no construction be carried out without its permission and that tourism activities immediately come under a regulated framework.
A bench of Justices Dr Pushpendra Singh Bhati and Sandeep Shah passed the directions while hearing a public interest litigation (PIL) filed by Pali resident Apoorva Agarwat regarding growing ecological pressure on the landscape due to unregulated activities.
The bench said, “The earth does not belong to man; man belongs to the earth.” It noted that environmental protection is integral to human survival and cannot be treated merely as a matter of policy.
It also pointed out that protecting wildlife and maintaining ecological balance is closely linked to the fundamental right to life under Article 21 of the Constitution.
The bench observed that “the survival of wildlife species and the maintenance of biodiversity constitute essential components of this ecological equilibrium, without which the quality of human life itself stands imperilled.”
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{{/usCountry}}The bench said the order “will operate in the whole Jawai region, which includes the villages of Kothar, Velar, Varaval, Lundara, Doodni, Choti Doodni, Rughnathpura, Mori, Mori Bera, Sena, Jeevda, Beesalpur, Balwana, Jawai Bandh Station, Perwa, and other areas within the Jawai Leopard Conservation Reserve 1 and 2, which were formed by notifications dated 27.02.2013 and 15.06.2018 respectively.”
The order will also include caves, hills, foothills and corridors in the area, which are “part of leopard movement and leopard habitat”.
The bench ordered that “no construction shall take place without permission of this [Rajasthan] court, except for construction in the abadi of the villages concerned, having the requisite establishments or any kind of construction disturbing leopard movement, or the leopard area, or the hills or the foothills shall be maintained.”
The court also ordered that no further tourism licence be issued to any “hotel, resort, guest house, home stay or activities of identical nature”.
The court said “The land in question wherein leopard habitat exists, including their natural and spotting sites, shall not be disturbed and even where land-use change has been permitted, no change in the status of the core areas of leopard habitat shall be permitted.”
“Status quo as it exists today shall be maintained...this shall be ensured by the respondent authorities. All mining activities in the concerned area shall remain stayed,” the court added.
The court ordered that no barbed wiring or compartmentalisation will be carried out on the land. Referring to the proposed SOP, the court said, “Prima facie it is an expert document prepared by experts, ensuring to an extent that no further depletion of the natural habitat or leopards takes place.”
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The court said the draft SOP should be “implemented immediately” and remain “open for the respondents to continue to evaluate the suggestions made by the concerned stakeholders regarding the SOP.”
“Until such final SOP comes, the draft SOP shall be implemented,” the court added. The court ordered that the SOP shall immediately come to force in the complete Jawai region.
“The plying of vehicles in the parcel of land earmarked for the dam, including its overflow area, shall also remain stayed to avoid any kind of damage relating to wildlife and bird hatchings. The night safari shall remain closed, as already directed in the earlier order. This Court also directs the state government, including the departments concerned, to consider the feasibility of declaring the area in question as a sanctuary for the purpose of ensuring that the leopard-inhabited region and its ecosystem are protected and restored. The state wildlife Board shall hold the necessary proceedings in this regard as expeditiously as possible,” the bench said.
In March, the court prohibited safari activities beyond 6am to 7pm and restrained the use of drones.
The matter will be heard next after six weeks. The state and the Union government are directed to file a compliance affidavit detailing the steps taken to implement the court’s directions.