Considering the location of the property near a reserved forest and wildlife area, activities such as parties, marriages, restaurant operations, and other similar commercial uses should not be permitted, the Rajasthan High Court (Jaipur Bench) has held that the need to prevent disturbance to wildlife and protect the ecological sensitivity of the area justified a complete prohibition on such activities.
The High Court directed a complete prohibition on any commercial or event-related use of Vidhyadhar Ka Bag, including parties, marriages, restaurant operations, and any similar activities in the future. The Court also appointed Ms. Apeksha Bapna as Court Commissioner to inspect the premises, take photographs, and submit a detailed report regarding the ground situation. The State was directed to bear her fee of Rs. 25,000 and provide all necessary assistance.
Further, the Court ordered the Officer In-charge concerned to remain present on the next date of hearing and explain how tenders had earlier been issued for a property situated adjacent to a forest area. The Registry was also directed to explain why the matter, despite an earlier order for final hearing, continued to be listed in the admission category.
Briefly, the public interest petition concerned Vidhyadhar Ka Bag, a declared monument situated within or adjoining a reserved forest area. The petitioner alleged that marriages, private functions, and similar events were being organized at the site, involving loud music, laser lights, and fireworks during late-night hours. It was also alleged that a restaurant was operating there pursuant to a tender issued on 14 September 2022. According to the petitioner, these activities were adversely affecting wildlife inhabiting the nearby protected area.
The Division Bench comprising the Chief Justice Sanjay K. Agrawal and Justice Sameer Jain noted that the property is located adjacent to a wildlife area and observed that the use of fireworks, loud music, and laser lights during late-night hours can cause disturbance and discomfort to protected wildlife. The Court further observed that protection of wildlife and forest ecosystems requires preventing activities that may negatively impact the surrounding habitat.
The Court referred to the principles laid down in T.N. Godavarman Thirumulpad v. Union of India [Writ Petition (Civil) No. 202 of 1995] in this context, and noted that the State Government, through the Additional Advocate General, informed the Court that no marriages or commercial activities were presently being conducted at the site and that the tender dated 14 September 2022 had already expired. The forest authorities also supported this position and stated that no such operations were currently functional in the area.
