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Rajasthan High Court on Tuesday directed all construction activities being undertaken within a distance of 1000 meters from the boundary of the Kumbhalgarh Forest Reserve to remain stayed.

The division bench comprising Justice Sandeep Mehta and Justice Vinod Kumar Bharwani also pinpointed that the Principal Secretary, Department of Tourism and District Collector, Rajsamand and Pali shall be personally responsible for ensuring compliance of court's order.

This order has come on a petition filed by a lawyer Rituraj Singh Rathor. Rathor had alleged that rampant construction activities are being undertaken in the vicinity of the Kumbhalgarh forest boundary by breaching one order of the State Government of Rajasthan.

On March 31, 2015, the Rajasthan Government had issued an order through the Department of Forest, as per which, all commercial and industrial activities had been prohibited in a periphery of one kilometer from the protected boundaries of forest which includes Kumbhalgarh Wildlife Sanctuary.

Additionally, earlier in this case, Principal Secretary, Department of Tourism and District Collector, Rajsamand and Pali was not a party, who also got impleaded with the present order and a notice got issued against him too. 

The matter began when construction of one road between Vanpath Gomthara and Goram Mandir in the sanctuary was proposed by the Forest department. Following this proposal, Rathor filed a petition before the high court alleging that the department was constructing the road using funds provided by the District Mineral Foundation Trust (DMFT) due to the political clout of the sitting MLA who had promised such a path to the temple to the voters of his constituency.

On Rathor's plea, the high court stayed the construction of the road and as well as all other construction activities inside the proposed Kumbhalgarh Tiger reserve and wildlife sanctuary on August 5, 2021.

In his plea, Rathor had mainly alleged that the proposed project in the Kumbhalgarh Forest Reserve will make the path leading to the temple motorable and, thereby, let more devotees enter the forest and go to the temple in vehicles.

Rathor had also cited one incident to highlight the danger of such construction to wildlife. He had alleged that in one such incident, which happened at Ranthambore Tiger Reserve, a leopard was hit by devotees on a bike going to Trinetra Ganesh Ji Temple situated inside the reserve. He had, therefore, contended that pathways leading to religious sites inside the forest are a real cause of concern.

At present, there is no motorable connectivity and thousands of devotees flock to the temple at specific intervals. To reach the temple, devotees have to take a meter gauge rail from Marwar Junction, which passes through the jungle and get down at Goram Ghat station.

Notably, the proposed Kumbhalgarh Tiger Reserve will constitute Kumbhalgarh Wildlife Sanctuary, Todgarh-Raoli Wildlife Sanctuary, and adjoining forest areas.

Case Title: Rituraj Singh Rathore v. State Of Rajasthan & Ors.