The Rajasthan High Court has disposed of a PIL that raised concerns regarding the protection of leopard habitat in the Jawai region of District Pali and sought regulations on construction and tourism, by declaring the area within one kilometer of the notified boundary of Jawai Leopard Conservation Reserved as the interim regulatory threshold.

It was clarified that,

“The said distance is, therefore, not being declared to be an immutable ecological boundary or a permanent no-construction radius. It is adopted as an interim, evidence-informed regulatory threshold until the State completes geo-referenced mapping, ecological and carrying-capacity assessment and frames a comprehensive policy capable of identifying areas requiring absolute protection and areas where regulated or permissible activity may appropriately be allowed.”

At the same time, the Court clarified that certain village and essential activities shall not be treated as prohibited merely because they fell within the 1 km distance, including residential construction; repair or reconstruction without material expansion; schools, anganwadis, drinking water facilities; traditional agriculture, grazing and other customary livelihood activities, provided requisite permissions were taken as prescribed by law and there was compliance with wildlife-friendly conditions.

While ordering the continuity of the directions given in earlier orders dated March 23, 2026 and April 4, 2026, as well as the SOP presented by the State in the last hearing, the division bench of Dr. Justice Pushpendra Singh Bhati and Justice Rekha Borana laid down certain other directions to remain operative till formulation and notification of a comprehensive policy by the State.

The main contention of the petitioner was that unregulated construction, commercial tourism, hill cutting etc. near the leopard caves and foothills in the region were causing disturbance of the habitat. Hence, plea was made for scientific mapping of leopard caves, dens, breeding sites and corridors within the region, and prohibition of construction within 1 km thereof to be controlled strictly.

After hearing the contentions, the Court held that the principle of sustainable development required preventive action where there was a risk of serious and irreversible ecological injury. However, at the same time, regulations had to distinguish between ecologically destructive commercial activity and the ordinary residential, agricultural and civil requirements of communities historically inhibiting the landscape.

The Court took note of various national and international studies for examining the rationale behind the distance of 1 km, and observed that the material reflects a rational scientific basis for treating 1 km as a precautionary screening and regulatory distance.

It was held that petitioner's proposal of an absolute and indiscriminate prohibition of every construction within 1000 meters, or the applicant's proposal of permitting regulation construction merely beyond 100 meres, neither could be accepted as the final ecological standard for the Jawai region.

However, unrestricted construction also could not be permitted until completion of scientific assessment.

In this background, it was held,

“The international scientific material referred to herein, read with the precautionary principle, the State Government's own order dated 31.03.2015 employing a one-kilometre regulatory zone and the admitted absence of a comprehensive policy for the Jawai landscape, persuades this Court that an aerial distance of one kilometre may appropriately operate, interim and subject to scientific revision , as a construction-control and mandatory ecological-scrutiny zone around identified critical leopard-habitat features.”

In this relation, the Court disposed of the PIL with a bunch of directions, that included the following:

• Strict enforcement of State Government's order dated March 31, 2015, that prohibited all new commercial activities within 1 (one) Km of the notified boundaries of the specified protected areas, including the Jawai Region.
• No permission of new construction, hill cutting, blasting, excavation, commercial structure or material alteration of land, irrespective of land ownership or revenue classifications, upon a hill or rocky formation containing an identified leopard cave or den; foothill connected with such den; an identified breeding side; etc, to be granted.
• No fresh addition, alterations, or expansion to be permitted to an already existing structure within the 1 km distance, and pending applications in this regard to be disposed of as per this order.
• Deputy Conservator, Pali, in coordination with the Revenue Department to prepare a provisional geo-referenced map within 8 weeks, to identify leopard caves; breeding sites; resting areas; movement corridors; wetlands and water sources; existing settlements, roads and commercial tourism clusters. The provisional map shall be published on the websites of the District Collector, Pali and the Forest Department, and be displayed at the concerned Gram Panchayats.
• Directions given in the past orders, including restrictions on safaris; mining activities; SOP put forth by the State, to remain operative and shall merge into this final order.

The District Collector, Pali, and the Deputy Conservator of Forests, Pali has been directed as responsible for inter-departmental implementation of these directions.

Accordingly, the PIL was disposed of.

Title: Apporva Agrawat v State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 361

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