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The Rajasthan High Court has raised serious concerns over large-scale commercial construction on Udaipur's hills, observing that hotels and resorts have rapidly replaced ecologically sensitive landscapes. Hearing a petition filed by Basant Hotels Private Limited, the court questioned the manner in which the state's hill policies were framed, noting that they were prepared by private agencies without consulting environmental authorities. It has sought detailed records from the State and indicated that it may initiate a suo motu public interest litigation on the issue.
The Rajasthan High Court has expressed deep concern over the growing commercialisation of Udaipur's hills while hearing a writ petition filed by Basant Hotels Private Limited. During the proceedings, the court observed that the city's hills, historically known for their ecological significance, have witnessed extensive construction activity and questioned the process through which Rajasthan's hill policies were formulated. The matter has now assumed wider environmental significance, with the court indicating that it may consider initiating a suo motu public interest litigation to examine the issue in the larger public interest.
The observations followed the submission of an interim report by Court Commissioners appointed to inspect the petitioner's property and the surrounding area. The report included aerial photographs of the site and nearby developments. During the hearing, the commissioners informed the court that numerous hotels had already been constructed and were operational on the surrounding hills. They noted that the petitioner's property differed mainly because it was located on a steeper slope. After examining the inspection report and aerial imagery, the court observed that the hills and mountains in the vicinity had been extensively cut and built upon, to the extent that they were "being replaced by hotels."
The court also questioned the origin of the 2018 Hill Policy, observing that it had been drafted by private external agencies without consulting statutory authorities responsible for environmental protection, wildlife, pollution control or climate-related matters. During the inspection, the commissioners further noted that officials of the Udaipur Development Authority lacked adequate knowledge of the hill policy and the legal provisions governing construction in hill areas.
The petitioner argued that its project complied with the earlier policy and the principles of sustainable development. It also alleged hostile discrimination, claiming that several nearby hotels had been permitted under similar circumstances while enforcement action had selectively targeted its project. The petitioner further submitted that construction had commenced before the introduction of the previous policy and sought time to examine the inspection report before presenting additional arguments.
After considering the submissions and inspection findings, the High Court remarked that Udaipur, historically recognised for its lakes, hills and wildlife sanctuaries, had been reduced to a "pitiable state" due to indiscriminate commercial development near lakes, sanctuaries, sensitive ecosystems and hill slopes. It observed that policies framed without expertise or proper research had failed to uphold the Public Trust Doctrine and questioned why environmental authorities had been excluded from the policy-making process.
Considering the seriousness of the findings, the court directed the State government and other authorities to appear personally at the next hearing with complete records. It sought details of all commercial permissions granted near the petitioner's property, the identities of those who authored the 2018 and 2024 Hill Policies, and the reports prepared by the private agencies involved in drafting them. The court also stated that, while hearing the matter further, it would examine whether a suo motu Public Interest Litigation should be registered to safeguard Udaipur's ecological future.
Source- India Kanoon
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