The Rajasthan High Court in Jodhpur has ruled that a link road constructed from Kshatriyas’ Morcha to the Mega Highway in Balotra is illegal as it lies within the flow area of the Luni River. The court emphasized that such construction cannot be justified on grounds of public interest.
Court's Observation on Illegal Construction
Hearing a Public Interest Litigation (PIL) on May 26, 2026, a division bench comprising Justice Dr. Pushpendra Singh Bhati and Justice Dr. Nupur Bhati observed that building on land recorded as ‘gair mumkin nadi’ (river land) in revenue records is unlawful. The bench expressed dissatisfaction with the work carried out by Public Works Department (PWD) officials and directed the state government to submit an affidavit within four weeks, along with a special technical report for further action.
PIL Details and Joint Report
Advocate Sumer Lal Sharma, representing the petitioner, stated that the PIL challenged the alleged illegal road construction in the Luni riverbed intended to connect Kshatriyas’ Morcha with the Mega Highway in Balotra. A joint report by the Balotra district collector and the Pachpadra tehsildar was presented before the court. The report detailed demarcation and measurements conducted through two methods, concluding that the bitumen road was built within the river’s flow area, although the master plan indicated a different alignment.
No Justification in Public Interest
The court asserted that illegal construction in a river’s flow area cannot be defended as being in the public interest. If a road is necessary, the bench suggested that engineering alternatives such as bridges, elevated corridors, or pillar-based structures must be employed to ensure the natural flow of the river remains unobstructed. The bench emphasized that the character of a river cannot be altered, even if the project aims to improve connectivity. It noted prima facie that the road appeared to have been built on river land to avoid land acquisition and related costs.
Environmental Significance of Luni River
Calling the Luni a key river of western Rajasthan, the court stressed the need to protect its drainage system. It highlighted that ‘gair mumkin nadi’ land is not vacant government property but an environmental resource that the state has a duty to conserve. The court’s ruling reinforces the principle that environmental protection cannot be sacrificed for developmental projects.
