NGT directs closure of restaurants in forest area of Nahargarh Fort in Rajasthan from Dec 1

The bench said restaurants as well as light and sound programmes are non-forest activities

The National Green Tribunal has directed the Rajasthan government to shut down all restaurants operating in the notified area of Nahargarh Wildlife Sanctuary/ Fort from December 1, saying that no non-forest activity can be allowed there without the Centre's approval.

A bench headed by NGT Chairperson Justice A K Goel said restaurants as well as light and sound programmes are non-forest activities, not congenial to the objects of the Wildlife Act and have to be closed.

"We direct that all restaurants operating in the notified forest area of Nahargarh Wildlife Sanctuary/ Nahargarh Fort be discontinued with effect from December 1, 2021. In case of any dispute the boundaries be verified jointly by the Forest Department and Collector Jaipur," the bench said.

"We also direct that the light and sound programme in the area of wildlife sanctuary be discontinued from the said date. It is however made clear that this will not affect parking and entry of visitors in the Fort/Museum. However, the Forest Department will install noise barriers at appropriate locations to mitigate the impact of noise generated by the vehicles," it added.

The NGT also directed the Forest Department to regulate number of vehicles and locations of parking.

The Forest Department may also undertake and regulate such other activities as may be consistent with object of the Wildlife Act and FC Act in the notified forest and wildlife area, including Fort, the NGT said while directing the Collector, Jaipur to ensure compliance with its order.

"It is well settled and is statutorily provided that no non-forest activities can be allowed in the forest area without approval of the Central Government," the bench said.

The green panel, in the October 4 order, said that the order of the Collector does not change the legal position as far as forest land is concerned.

It said the order of the Collector has to be consistent with the objects of the Wildlife Act.

The tribunal was hearing a plea filed by Rajasthan native Rajendra Tiwari against non-forest activities being carried out in Nahargarh Wildlife Sanctuary including Nahargarh Fort near Jaipur in Rajasthan.

According to the applicant, as per judgment of the Supreme Court no non forest activities is permissible in forest area yet non-forest activities have been allowed in the form of restaurants and Excise Department has issued license of Bar to the resorts/ hotels cafeterias situated in the Nahargarh Wildlife Sanctuary without prior permission of Forest Department.

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