The Rajasthan High Court has taken a firm stance against alleged illegal activities connected to a proposed solar power project at the ecologically sensitive Sambhar Lake, initiating suo motu contempt proceedings against three senior officials of public sector undertakings (PSUs). The court has also reinforced strict restraining orders to safeguard the notified wetland area, emphasizing the critical need for environmental protection.
Court's Stern Action on Wetland Violations
A Division Bench, comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Sangeeta Sharma, issued this significant order on January 22 while hearing a batch of cases. These included a Public Interest Litigation (PIL) filed by Dinesh Kumawat, a resident of Nawa, and an ongoing suo motu writ petition focused on wetland protection. The court's decision underscores its commitment to upholding legal and environmental standards in the face of potential breaches.
Details of the Alleged Illegal Activities
During the proceedings, senior advocate RB Mathur, appearing as Amicus Curiae, informed the court that Hindustan Salts Ltd (HSL) had entered into a memorandum of understanding (MoU) in August 2023 with SJVN Green Energy Limited. This MoU aimed to establish a solar power project on land that forms part of the Sambhar Lake ecosystem. Mathur highlighted that the land bank allotted to Sambhar Salts Ltd, an HSL subsidiary, under this agreement was within the notified Sambhar Lake wetland area, raising serious environmental and legal concerns.
Court's Observations and Contempt Proceedings
In its response, the bench noted that the MoU was executed while the matter was actively pending before the High Court. Despite repeated hearings and interim orders, the court was never informed of the MoU's existence. The judges observed that applications were moved to the court without disclosing this crucial fact, which they deemed an attempt to mislead the court and interfere with the judicial process. Such conduct, prima facie, attracted provisions of the Contempt of Courts Act, 1971, leading to the initiation of suo motu contempt proceedings.
Based on these findings, the High Court has initiated contempt proceedings against Commodore (retd) Kamlesh Kumar, former HSL chairman and managing director, Ajay Kumar Singh of SJVN Green Energy Limited, and Harsh Verma, the newly-appointed CEO of Sambhar Salts Limited. The bench directed the high court registry to file a contempt petition and issue summons, requiring these three officers to appear in person at the next hearing scheduled for February 11. They must explain why action should not be taken against them for their alleged roles in the matter.
Background and Ongoing Monitoring
This case traces back to a Supreme Court order dated April 2017, which mandates the protection of wetlands, including Sambhar Lake. The Rajasthan High Court has been continuously monitoring compliance with this order through inquiry committees constituted by the Ministry of Environment, Forest and Climate Change. This ongoing oversight highlights the judiciary's proactive role in ensuring environmental laws are upheld, particularly in sensitive ecological zones.
The court's actions serve as a strong reminder of the legal obligations surrounding wetland conservation and the consequences of non-compliance. By taking suo motu contempt proceedings, the judiciary reinforces its authority and dedication to preserving India's natural heritage against unauthorized industrial activities.
