In Re Talchhapar Sanctuary vs The Principal Secretary, Govt. Of ...
2022 Latest Caselaw 14013 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Civil Writ Petition No. 6162/2022

In Re Talchhapar Sanctuary

----Petitioner

Versus

The Principal Secretary, Govt. Of Raj., Jaipur & Ors.

----Respondent

For Petitioner(s) : Mr. Ritu Raj Singh Rathore. For Respondent(s) : Mr. Sandeep Shah, Sr. Advocate-cum-

AAG with Mr. Abhimanyu Singh. Mr. Sunil Beniwal, AAG. Mr. Vikas Balia, Sr. Advocate with Ms. Pragya Lakhani. Mr. D.K. Godara.

Mr. Hardik Goutam.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

29/11/2022

The matter has been listed today for receiving compliance

report regarding the directions given by this Court vide order

dated 31.08.2022. Shri Sandeep Shah, learned AAG and Shri Sunil

Beniwal, AAG submitted that the District Collector, Nagaur has

already forwarded a proposal to the State Government for

reserving 359.9349 Hectares (2223.11 Bighas) land from Khasra

Nos.329 and 361 of Mauja Jaswantgarh as a 'Forest Area' in

compliance of this Court's Judgment. This Court is further apprised

that qua the reserve forest area of Talchhapar, the proposal to

(2 of 3) [CW-6162/2022]

declare the 'Eco-Sensitive Zone' has already been forwarded to

the competent authorities and orders in this regard are expected

shortly hereinafter.

Regarding the direction No.8 given by this Court to constitute

the Expert Panel, learned AAGs submitted that the body has not

been constituted till date.

Learned Amicus Curiae Shri Rathore has filed written

submission praying that an Hon'ble Retired Judge of this Court

may be requested to head the Five Member Expert Panel so that

the monitoring of the process of expansion and conservation of

the forest can be smoothly carried out.

Learned AAGs Shri Shah and Shri Beniwal, submit that the

State Government shall positively consider the said submission.

In view of the facts noted above, we further direct that the

process for conversion of Khasra No.329 and 361 of Mauja

Jaswantgarh into 'Forest' category shall be expedited. There shall

be no endeavour to put this land to any other use till the reserve

forest area is notified.

This Court is further apprised that till date, the steps to

remove Juliflora bushes and planting grass have not been started.

We expect that with the setting up of the Expert Panel, these

modalities would be worked out efficiently.

We accept the written submission of learned Amicus Curiae.

The competent officer of the State Government shall approach

Hon'ble Mr. Justice Mohammad Rafiq, Retired Chief Justice of

Himachal Pradesh High Court and/or Hon'ble Mr. Justice Dilip

Singh, Retired Judge, Rajasthan High Court as suggested by

learned Amicus Curiae. Their consent shall be sought to head the

Expert Panel to be constituted under this Court's direction.

(3 of 3) [CW-6162/2022]

Compliance report be submitted for the Court's perusal on the

next date of hearing.

List on 20.12.2022.

(KULDEEP MATHUR),J (SANDEEP MEHTA),J

13-Tikam/-

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