Rajasthan HC bars construction, unregulated tourism activities in Jawai leopard reserve

In a significant order, the Rajasthan High Court has imposed an immediate halt on construction, mining and unregulated tourism activities across the ecologically sensitive Jawai leopard reserve near Sumerpur in Pali district, observing that interference with leopard habitats amounted to a violation of enforceable constitutional obligations.

In a significant order, the Rajasthan High Court has imposed an immediate halt on construction, mining and unregulated tourism activities across the ecologically sensitive Jawai leopard reserve near Sumerpur in Pali district, observing that interference with leopard habitats amounted to a violation of enforceable constitutional obligations. The court also directed the Rajasthan government to examine the feasibility of declaring the Jawai region a wildlife sanctuary under Sections 8 and 18 of the Wildlife (Protection) Act, 1972, signalling the possibility of elevating the protection status of the landscape. Underlining that the ''Earth does not belong to man; man belongs to Earth'', a division bench of Justice Pushpendra Singh Bhati and Justice Sandeep Shah said that ecological preservation is not merely a policy concern but a constitutional imperative intrinsically linked to the right to life under Article 21. The court ordered maintenance of the status quo across the Jawai landscape, including a complete prohibition on new tourism licences, a stay on mining activities, and a ban on barbed wire fencing. It also directed that no construction work shall take place in the area without the prior permission of the court. Night safari in the leopard reserve, which was restrained earlier, will continue to remain prohibited, the bench said. The court also directed the immediate implementation of a draft set of standard operating procedures (SOPs) governing safari operations, tourism activities, and habitat protection, observing that it included an expert-backed framework necessary to prevent further degradation of the ecosystem. A multi-department body – the Jawai Safari and Eco-tourism Coordination Committee – has been ordered to begin functioning forthwith to oversee compliance and coordination among the authorities concerned. The directions followed a PIL highlighting the adverse impact of unregulated eco-tourism, illegal construction and mining in the fragile habitat of leopards in the Jawai region. The court noted that the region, home to an estimated 50-70 leopards, represented a rare model of human-wildlife coexistence, which was now under threat from increasing anthropogenic pressures. The bench held that wildlife protection and ecological balance were inseparable from the guarantee of life and personal liberty, emphasising that degradation of habitats directly undermined constitutional mandates under Articles 48A and 51A(g). It stressed that any interference with leopard habitats – whether through unauthorised construction or unregulated tourism activities – amounted to a violation of enforceable constitutional obligations. The court took note of the ''regulatory vacuum'' arising from the mixed nature of land ownership in the region comprising forest, revenue and private lands, which has hindered effective oversight. It observed that such complexities cannot dilute the state's duty to protect wildlife, particularly a Schedule-I species like the leopard, under the Wildlife (Protection) Act, 1972. Highlighting the broader ecological philosophy, the court said that the issue transcended administrative regulation and entered the domain of constitutional governance, warranting judicial intervention to safeguard biodiversity and prevent irreversible environmental harm. The court listed the matter for the next hearing after six weeks, with directions to the state and Union authorities to file a compliance affidavit detailing the steps taken pursuant to its orders.