Rajasthan High Court Clears Solar Project Near Sambhar Lake, Imposes Safeguards For Migratory Birds

Rajasthan High Court granted permission for establishment of the 100 MW Solar Power Plant Project, in the Nagaur district, near Sambhar Lake subject to certain safeguards to facilitate the environment of migratory birds, rather than hindering their natural habitat. The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit observed that the land in question did not form part of the Sambhar Lake or any notified wetland area. However, at the same time, it was highlighted that it was an important breeding ground for migratory birds. The Court opined that it was their duty to protect the birds that flocked the area during the winter season. In this light, while underscoring the “precautionary principle”, it was directed that the solar panels shall be installed at a height of atleast 1.5 meters that enabled the migratory birds to nest, lay eggs, and breed beneath them without any obstruction. “The project in question, being undertaken under the aegis of a central Government agency, merits due encouragement yet at the Same time, it is necessary to ensure that ecological considerations, particularly the protection of possible/proposed avian habitats, are adequately safeguarded invoking "precautionary principle.”For context, the Court was hearing an application by the entity who had secured the relevant project, seeking vacation of the order that stayed the project and permission to proceed with the establishment of the solar project. The main contention was that the area demarcated for the project was a salt area and a wetland, and hence the project could not be allowed to be proceeded in the interest of protection of wetlands in Rajasthan. After hearing the contentions, and referring to expert reports, the concluded that,“We also concur with the opinion advanced by the team of experts that, having regard to the peculiar geographical location, zoological features, and subterranean water composition, there exists a substantial tract of land exhibiting saline characteristics. However, the mere presence of such salinity, and its corresponding classification in the revenue records as “lawan kshetra,” does not ipso facto render the entire land as forming part of the Sambhar Lake or a designated wetland area.”The Court held that merely a revenue entry of “lawan kshetra” did not in itself established that the land constituted a portion of the Sambhar Lake or any notified wetland. At the same time, the Court highlighted that the Sambhar Lake was not merely meant for manufacturing of salt but was also an important breeding ground for migratory birds. It was opined that the doctrine of sustainable development mandated that developmental activities proceeded only with adequate protective measures. “…any action that lowers the constitutional threshold of environmental protection cannot be sustained in law.”To maintain such balance, the Court permitted the establishment of the project subject to following of certain directions that included atleast 1.5 meter of height of solar panels. It was further opined that if trees were cut from the area, same shall be replanted 3 times in number in the nearby areas. The Court also directed that there shall be no restriction on the inflow of water onto the land which may be used by migratory birds during rainy season and thereafter. Accordingly, the application was disposed of. Title: Dinesh Kumawat & Ors. v Union of India & Ors., and other connected petitions Citation: 2026 LiveLaw (Raj) 170Click Here To Read/Download Order

Rajasthan High Court Clears Solar Project Near Sambhar Lake, Imposes Safeguards For Migratory Birds

Nupur Agrawal

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