Supreme Court issues notice in plea challenging order of NGT banning commercial activities in 18th century fort
The National Green Tribunal order in appeal banned all commercial activities at the 18th Nahargarh Fort in Jaipur.
A Supreme Court bench of Justices Abdul Nazeer and Krishna Murari today issued notice in an appeal filed by Department of Archeology and Museums, against the order of National Green Tribunal (NGT) banning all commercial activities at Nahargarh Fort, Jaipur. The bench while issuing the notice made it clear that they were issuing notice only to monitor the activities of the department.
The NGT had in October on a plea filed by environmentalist Rajendra Tiwari, banned all commercial activities like restaurants and light and sound shows in the notified area of Nahargarh Wildlife Sanctuary from 1st December 2021. The department of archeology and museums approached the Supreme Court by filing a statutory appeal against the order of NGT.
Dr. Manish Singhvi, Senior Advocate, appearing for the department submitted that they were not holding any light and sound shows in the area and that they were only being held in Amer Fort. He further submitted that it was a normal practice to operate restaurants in a tourist destination since it is located far from other eateries.
Justice Nazeer however informed him that the department by letting such commercial establishments function in the reserved forest is acting in detriment to ecological balance of the area. The court also took notice of the fact that the light and sound shows were harmful for animals in the forest. Justice Nazeer asked Dr. Singhvi as to what exactly do they show in the light and sound show, Dr.Singhvi responded to this by saying they were only showing the history of the monument.
Justice Nazeer also took notice of the fact that alcohol was being served by the restaurants near the monument and remarked that it was very serious.
On hearing the submissions of the appellant, the court issued notice returnable in 8 weeks time, however Justice Nazeer made it clear that the notice was being issued only to monitor what the department was doing and not necessarily to consider the appeal. The court also
It is to be noted that while the fort closes at 5 PM, the commercial establishments were allowed to function till 10 PM.
Case title: Secretary, Department of archeology and Museums Vs Rajendra Tiwari & Ors