Will the Hills of Udaipur get some respite? High Court imposes ban on construction.

Will the Hills of Udaipur get some respite? High Court imposes ban on construction.

The court has also ordered a halt the ongoing development of a food court at Swaroop Sagar Lake

 
Lok Adaalat

A division bench comprising of Justice Vijay Vishnoi and Justice Yogendra Kumar Purohit from the Rajasthan High Court, has issued an order prohibiting the construction of any form of buildings, resorts, motels, and similar structures in Udaipur under the hill laws as declared by the state government. The court has also placed a halt on the ongoing development of a food court by the Municipal Corporation on Swaroop Sagar Lake, while instructing the maintenance of the existing state of affairs. However, the court has granted the government the freedom to revise or modify the current hill laws. Yet, prior to their issuance, the High Court's authorization must be obtained.

Representing the petitioner, Dr. Tej Razdan of the Udaipur Lake Conservation Committee, Advocate Sharad Kothari contested the legality of the laws concerning the conversion of hills, as notified by the Urban Development and Housing Department. Additionally, he raised objections against the enforcement of previous directives from the High Court, as well as the construction of the food court at Swaroop Sagar Lake.

Following the proceedings, the High Court issued essential directives to the Assistant Advocate General (AAG) of the government, Mr. Sunil Beniwal. The court deemed the regulations pertaining to the hills in Udaipur to be incorrect and stipulated that no constructions such as buildings, resorts, or motels should be permitted under these regulations. Furthermore, the High Court has granted the government the freedom to revise or modify the hill laws that were established on May 7, 2018, considering them to be flawed.

  • The 2018 Hill Conservation Rules prioritize hill excavation methods rather than the preservation of hills.
  • Hills are categorized according to their elevation and incline, with both criteria being influenced by the course of drainage lines. However, the 2018 regulations deviate from hill classification and instead focus on categorizing surface features.
  • The inclusion of measuring hill height and slope from the centerline of nearby roads lacks scientific basis, as road conditions, centerline placement, and elevation can be altered for personal convenience and biased interests.
  • Furthermore, under the 2018 regulations, it is permissible to excavate a hill with a gradient of 45 degrees, and even construct basements within the hill.

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