Udaipur Hills "Brutally Cut" For Hotels, City's Condition 'Pitiable': Rajasthan High Court

During the hearing on July 24, the Court considered an interim report submitted by Court Commissioners along with aerial photographs of the area. The report revealed that several hotels had been constructed on the hills and that the petitioner's property was distinguishable only because it was situated on a steeper slope. It further noted that the hills and mountains in the vicinity had been "brutally cut" and constructed upon to such an extent that they were "on the verge of extinction, effectively being replaced by hotels."

Taking note of the report, the Court observed:

"...the Court is deeply pained to observe that the city of Udaipur, historically renowned for its lakes, mountains/hills (Magris), and wildlife sanctuaries, has been reduced to a pitiable state. Under the guise of the sustainable development theory and arbitrarily crafted policies, hundreds of hotels, resorts, and commercial properties have mushroomed near sanctuaries, sensitive ecosystems, lakes, and upon the hills."

The Court further observed that the 2018 Hill Policy appeared to have been drafted by private external agencies without consultation with statutory authorities concerned with climate, wildlife, pollution and environmental protection. It also noted the Court Commissioner's observation that officials of the Udaipur Development Authority lacked knowledge of the Hill Policy and the applicable laws governing hill construction.

Referring to an earlier public interest litigation concerning protection of Udaipur's lakes, the Court noted that the matter had been disposed of in 2023 after the State assured the Division Bench that it would implement the Public Trust Doctrine in letter and spirit and formulate appropriate policies. However, the Court remarked:

"It is shocking to the conscience of the Court that the State has instead authored a policy completely devoid of application of mind, expertise, or Research & Development, instigated merely by the support services of a private agency, and completely bypassing the Ministry of Environment, Climate, Wildlife, and Pollution control boards."

In its July 24 order, the Court had also observed that it would consider whether a suo motu public interest litigation should be registered to protect Udaipur's ecology and had directed the authorities to place records relating to construction permissions and the formulation of the 2018 and 2024 Hill Policies before it.

However, when the matter was taken up again on July 28, counsel informed the Court that a public interest litigation on the issue, Jheel Sanrakshan Samiti v. State of Rajasthan (D.B. Civil Writ Petition No. 6960/2026), was already pending before a Division Bench and had been connected with Udaipur Chamber of Commerce & Ors. v. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 14817/2025). The respondents further informed the Court that the Division Bench had directed that the present petition also be connected with those matters.

Accordingly, Justice Jain directed the Registrar (Judicial) to comply with the Division Bench's directions and ordered that the present writ petition be tagged with the pending Division Bench matters, observing that the issues involved were interconnected and interwoven.

Title: Basant Hotels Private Limited v the State of Rajasthan

Citation: 2026 LiveLaw (Raj) 311