RAVI TODWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition is filed under the provisions of Sec. 528 of B.N.S.S., 2023, seeking directions from the Court qua the ongoing and upcoming illegal constructions/encroachment activities in Critical Tiger Habitat (CTH), Ranthambore Tiger Reserve, Sawaimadhopur, Rajasthan and non-action on behalf of the forest and police administration in this regard.

(2.) Learned Counsel for the petitioner has submitted that the petitioner is a progressive citizen of this country, who has over the period noticed encroachment and illegal construction, that is carried out in the natural habitat of the extinct/ endangered flora and fauna of the concerned area. It is further submitted that the petitioner has also appraised the concerned authorities qua his concerns by way of a representation/complaint dtd. 18/9/2024 (Annexure-3).

(3.) Considering the averments made insofar and taking note of the alarming issue, this Court deemed it essential to interact (via V.C.) with the CCF, Ranthambore, Addl. S.P., Sawaimadhopur, office of the Collector, Sawaimadhopur on behalf of CCF. The officer has submitted that the ongoing encroachments and illegal constructions are carried out, in the critical zone of Ranthambore Tiger Reserve, which is an explicitly prohibited area and even falls under the definition of Rs.forest' as per the provisions of allied legal statutes. Moreover, certain complaints in this regard are even made by the concerned MLA of Sawaimadhopur. It is further submitted that the Hon'ble Apex Court in a catena of judgments, has time and again opined that no illegal constructions should be carried out in the prohibited areas. Moreover, specific prohibitions are spelled out qua the construction in the 1 km broad-line area of the reserved/national sanctuaries. Further, it is averred that in the matter in hand, gargantuan illegal construction is carried out within 1 km of broad-line, within the critical zone. At this juncture, the Officer has raised his apprehension qua the fact that the continuant illegal construction and encroachment is rendering devastating effects upon the flora and fauna (living organisms) of the said habitat. It is further averred that it is the duty of the State, to safeguard the natural habitat of all living organisms and the said creatures form a crucial part of the instant biosphere.