“How Will Jaipur Become A Smart City By Destroying Jal Mahal?” Supreme Court Criticizes Municipal Body

The Supreme Court recently criticized the Jaipur Municipal Corporation (Heritage) for allowing pollution in Jal Mahal Lake, questioning how the city can aspire to be a Smart City while destroying the water body.

“Today we see the Commissioner appearing online with the name board of Smart City behind him. We wonder how the city of Jaipur will become a Smart City by destroying Jal Mahal lake”, the Court remarked.

A bench of Justice Abhay Oka and Justice Ujjal Bhuyan expressed strong disapproval, noting that untreated sewage and rainwater from the municipal corporation's headquarters were being discharged into the lake. The court also noted that the corporation had expanded sewage lines into natural drains flowing from the forest into the lake, further damaging its ecosystem.

“Municipal Corporation Heritage headquarters releases dirty rainwater and sewage water into Jal Mahal Lake from time to time. It is also noted that waste materials are also immersed in Jal Mahal Lake due to which water has been completely contaminated. Moreover, Municipal Corporation is increasing sewage lines into the natural drains coming from the forest into Jal Mahal lake. In short due to neglect and illegal acts on the part of the first petitioner Jal Mahal Lake has been completely destroyed”, the Court observed.

The Commissioner of the municipal corporation appeared before the court and submitted an affidavit referring to a development project by the state government and the tourism department. However, the court observed that this project had no connection with the restoration or preservation of the lake. The bench pointed out that no expert agency had been engaged to suggest measures to protect and restore Jal Mahal Lake.

The court directed the municipal corporation to appoint the National Environmental Engineering Research Institute (NEERI) within a week to prepare a detailed report on immediate pollution control measures and long-term strategies for the lake's preservation.

Additionally, the court ordered that no development work related to Jal Mahal, as mentioned in a government letter dated November 26, 2024, should proceed until NEERI's recommendations are received. The municipal corporation was also directed to prevent vending activities or market setups near the lake and submit a compliance affidavit by March 21. The matter will be heard again on March 24.

Background

The Jaipur municipal body approached the Supreme Court challenging an order by the National Green Tribunal (NGT), in a petition challenging the Jaipur Heritage Municipal Corporation's move to set up a night market near the lake. The corporation had invited tenders for the market through an advertisement dated May 19, 2022. The petition claimed that the market was being run within the eco-sensitive zone of the Nahargarh Wildlife Sanctuary without the necessary permissions and was contributing to pollution.

The NGT appointed a committee consisting of officials from the Rajasthan State Pollution Control Board, the Principal Chief Conservator of Forests, and the Jaipur Collector to investigate the matter. The committee's report confirmed that the night market had been operating within the eco-sensitive zone without clearance from the monitoring committee or approvals under pollution control laws. Though the municipal corporation suspended the market on July 24, 2023, the committee found that pollution concerns persisted.

Further, the Rajasthan State Pollution Control Board stated that no permission had been granted for discharging wastewater into the lake under the Water (Prevention and Control of Pollution) Act, 1974, or the Air (Prevention and Control of Pollution) Act, 1981. A water analysis report from December 30, 2022, presented by the petitioner, revealed high pollution levels, with Dissolved Oxygen (DO) at 2.3, Biochemical Oxygen Demand (BOD) at 24, and Chemical Oxygen Demand (COD) at 72.

The NGT ruled that the night market had been operating illegally from November 1, 2022, to July 24, 2023. As a penalty, it imposed an environmental compensation of Rs. 10,000 per day on the Jaipur Heritage Municipal Corporation for this period to be deposited with the Principal Chief Conservator of Forests (PCCF) Wildlife Jaipur.

The tribunal also ordered that no future night market or commercial activity could take place in the eco-sensitive zone without prior approval from the monitoring committee and pollution control authorities. The District Collector and Chief Wildlife Warden were directed to strictly enforce the eco-sensitive zone guidelines. The tribunal directed authorities to ensure compliance with the environmental compensation payment within two months, warning that execution proceedings would follow if there was a failure to comply.

The Jaipur Municipal Corporation has challenged this order in the present petition.

Case no. – Civil Appeal No. 6469/2024

Case Title – Nagar Nigam Heritage Jaipur & Anr. v. Rajendra Tiwari & Ors. 

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