The Rajasthan High Court has set aside a decision by the National Board for Wildlife panel that denied wildlife clearance to Taj Amber, a five-star hotel located approximately 97 metres from the Nahargarh Wildlife Sanctuary boundary.
Court Ruling
Justice Sameer Jain, in an order passed on Monday and uploaded on Tuesday, allowed a petition by Kanha Hotels and Spa Pvt Ltd. The court held that the standing committee of the National Board for Wildlife failed to consider earlier statutory permissions granted to the project before rejecting clearance on February 28, 2024.
The petitioner's project unequivocally qualifies as an existing unit, having secured requisite approvals prior to the cut-off dates. Therefore, it is not subject to the rigours applicable to new constructions, the court observed.
Arguments by the Company
Senior Advocate R B Mathur, appearing for the company, argued that the project should be treated as an existing unit under eco-sensitive zone rules because it had received multiple approvals over the years. He informed the court that the company purchased land at Village Chimanpura, Amer, Jaipur, in January 1995, after the district collector converted the land from agricultural to industrial use in May 1994, with additional land permissions granted in 1998. Mathur stated that the tourism department approved the project for a star-category hotel on March 24, 2007, under the New Hotel Policy. The Jaipur Development Authority approved the building plan on January 13, 2011, valid until 2017 and later extended up to 2020.
Environmental and Other Approvals
The court also relied on environmental clearance granted on June 23, 2017, after appraisal by the State Level Expert Appraisal Committee, which examined the project cost, location, water requirement, and environmental management measures. The bench noted that the fire department issued the required no-objection certificate, the Rajasthan State Pollution Control Board granted Consent to Establish in June 2020 and Consent to Operate in November 2022, and a completion certificate was issued in February 2023 after compliance with building regulations.
Forest Department Recommendation
The court referred to a March 4, 2020, site inspection report by the deputy conservator of forests that recommended wildlife clearance, stating the project would have no negative impact on the sanctuary and did not fall in any wildlife corridor.
Court's Criticism of Wildlife Panel
Justice Jain termed the wildlife panel's rejection arbitrary, non-speaking and passed without granting the company an opportunity of hearing, and said authorities ignored substantial material already on record, including prior approvals from competent departments.
