Supreme Court Expresses Displeasure Over Rajasthan's Non-Compliance on Wetland Restoration

The Supreme Court of India recently expressed its displeasure with the State of Rajasthan for failing to comply with its earlier order concerning the restoration of wetlands in Ajmer City. This initiative is part of the Union Government's Smart City Development Mission, aimed at enhancing urban infrastructure while preserving essential water bodies. The Court warned the State of potential contempt proceedings if it continued to disregard the directives.

Background

On December 1, 2023, the Supreme Court issued a directive to the Rajasthan government for the restoration of wetlands in Ajmer, an essential step in preserving water bodies for sustainable urban growth. The Court also mandated that the authorities report their compliance with these orders. However, in a recent filing, the State of Rajasthan failed to show any compliance, instead submitting affidavits that reflected defiance of the Court's instructions, prompting the Court to take action.

Court's Remarks

The Bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, questioned the State's approach, observing:

“We wonder how a city can become smart without protecting the water bodies/wetlands in the city and how cities will become smarter by making encroachments on the water bodies/wetlands.”

Despite the Court's clear orders, the affidavit submitted by the State authorities indicated defiance rather than compliance. The Principal Secretary LSG, Jaipur, and the Commissioner of Ajmer Smart City Limited filed affidavits that demonstrated a lack of willingness to follow the Supreme Court's directions.

The Court remarked that these actions had brought criticism, emphasizing the importance of wetlands in the Smart City development and environmental sustainability.

Next Steps and Warning of Contempt Proceedings

The Court further issued a stern direction to the Chief Secretary of Rajasthan to appear before the Court via video conferencing on Monday, March 17, 2025, for an explanation regarding the non-compliance of the orders.

The Court stated:

"In view of non-compliance with the order dated 1st December, 2023, before we consider initiating action under the Contempt of Courts Act, 1971, we direct the Chief Secretary of State of Rajasthan to appear before the Court through video conferencing on Monday, 17th March, 2025."

Additionally, the Court made it clear that the Chief Secretary should file a personal affidavit detailing the steps taken to comply with the Court's directions. The Court expressed that if the State wanted to avoid contempt proceedings, it must show a commitment to at least partially fulfilling the orders related to wetland restoration.

The Court further clarified its expectations:

“If the State of Rajasthan is seriously interested in purging the contempt, we expect the Chief Secretary to file his personal affidavit reporting compliance with at least some of the directions issued under the impugned judgment as well as under the order dated 13th December, 2021 passed by the National Green Tribunal.”

Legal Context

The ongoing case STATE OF RAJASTHAN & ORS. VERSUS ASHOK MALIK & ORS. deals with the implementation of environmental protection measures as mandated by the Court to safeguard the wetlands in Ajmer under the Smart City Mission. The decision marks a significant moment in the ongoing efforts to balance urban development with environmental conservation in India's smart cities.

Conclusion

The Supreme Court has shown strong resolve to ensure the protection of wetlands and compliance with its orders, highlighting the importance of these natural resources in India's urban development. The State of Rajasthan now faces the challenge of showing substantial action or risking legal consequences under the Contempt of Courts Act, 1971.

Case Title: STATE OF RAJASTHAN & ORS. VERSUS ASHOK MALIK & ORS.