'Alarming Degradation': Rajasthan High Court Initiates Suo Motu PIL To Protect Jaipur's UNESCO World Heritage Status

The Rajasthan High Court has initiated a suo motu PIL over concerns surrounding the preservation of Jaipur's historic Walled City and protection of its UNESCO World Heritage Site status.

A division bench of Chief Justice Sanjay K. Agrawal and Justice Sameer Jain expressed deep concern over the “alarming degradation” of the historic Walled City, observing that there was a “grave and imminent necessity” to take immediate, effective and concrete steps to protect the city's prestigious UNESCO World Heritage Site status, accorded in 2019.

The matter stems from suo motu cognizance taken by Justice Pramil Kumar Mathur after taking note of a Rajasthan Patrika report concerning issues relating to the preservation, protection and maintenance of the global identity of the 'Pink City'.

In this order, the Court highlighted failure on part of State authorities in implementation of the Jaipur (Walled City) Heritage Conservation and Protection Regulations 2020, resulting in rampant illegal constructions, unauthorized alterations, and widespread encroachments, within the buffer zones of the walled city, which eroded the architectural integrity that formed basis for city's recognition as a World Heritage Site.

The Court revealed that the concerns were not merely speculative but had attracted international scrutiny by UNESCO wherein the World Heritage Committee had expressed serious reservations regarding the current state of conservation in Jaipur Walled City.

The Court opined,

“The World Heritage designation is not merely honorary; it carries with it's international recognition, tourism potential, and a sense of collective pride. Its withdrawal would adversely impact the local economy, diminish Jaipur's global stature, and represent a failure to safeguard a legacy entrusted to the present generation. More importantly, it would signify an irreversible loss of cultural and historical wealth that cannot be recreated once destroyed.”

While underscoring the constitutional mandate of Article 49, fundamental duty under Article 51(A)(f) and the doctrine of public trust, the Court stated that it was fit as a precautionary measure to ensure strict compliance with and rectification of the deficiencies which were highlighted in the report by the World Heritage Committee.

In this background, while directions were made to various authorities for submission of affidavits with relevant respective data, the Registry was directed to list the matter before the appropriate bench.

Accordingly, the division bench listed the matter as a PIL and issued notices.

The matter is now listed in the week commencing October 26.

In August, another division bench had ordered crackdown on illegal constructions in Jaipur, in order to restore the city's heritage.

For Petitioners: Mr. Sandeep Pathak; Mr. Madhusudan Singh Rajpurohit; Mr. Yuvraj Samant with; Ms. Neha Amola; Mr. Aniroodh Mathur

For Respondents: Mr. Rajendra Prasad, AG assisted by Ms. Harshita Thakral