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Rajasthan High Court
Environmental Law

Rajasthan High Court Sets Interim One-Kilometre Construction-Control Zone Around Jawai Leopard Caves and Corridors

Published: · NyayVidhan

Deciding a public interest petition on the Jawai leopard landscape in Pali, a Division Bench of the Rajasthan High Court adopted an aerial distance of one kilometre around mapped leopard caves, dens, breeding sites and corridors as an interim construction-control zone (paras 10-11). The Court called it an evidence-informed threshold, not a permanent boundary, pending mapping and a State policy, and ordered strict enforcement of a 2015 Government order and the safari SOP (paras 10-11).

Rajasthan High Court Sets Interim One-Kilometre Construction-Control Zone Around Jawai Leopard Caves and Corridors
Photo: TrendSPLEND via Wikimedia Commons (CC BY-SA 4.0)

Judgment Intelligence

Other
Apoorva Agrawat v. State of Rajasthan & Ors.
2026:RJ-JD:42857-DB
D.B. Civil Writ Petition No. 5128/2026
Court
Rajasthan High Court
Date of Decision
5 September 2026
Bench
Dr. Justice Pushpendra Singh Bhati and Justice Rekha Borana
Relevant Acts & Sections
Constitution of India — Articles 21, 48A, 51A(g); Wild Life (Protection) Act, 1972; Government of Rajasthan order No. F.3(10) Forest/2014 dated 31.03.2015
Final Outcome

Writ petition disposed of with directions. The interim orders merged into the final order, the intervenors were allowed to participate, the interim-relief application was rendered infructuous, and copies go to the respondents and the Chief Secretary (paras 11-16).

Source Rajasthan High Court, decided 05.09.2026

Key holdings

  1. Caves, breeding sites and corridors on revenue, community or private land are protected whatever the land’s classification (para 6).
  2. The 2015 Government order barring new commercial activity, mining and land conversion within one kilometre of the Jawai reserves must be strictly enforced (para 11).
  3. Within one kilometre of mapped caves, dens and corridors, new commercial, residential and civic structures are prohibited, except village abadi homes, repairs, essential utilities, traditional livelihoods and conservation works (para 11).
  4. Existing structures may operate but not expand, and the Forest Department must publish a provisional geo-referenced habitat map within eight weeks (para 11).
  5. The safari SOP governs throughout Jawai; night safaris, baiting, spotlights and drones stay banned, as do new mining and corridor-blocking fencing (para 11).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

The petitioner sought mapping of leopard caves in the Jawai region, a ban on construction within 1,000 metres of the foothills of leopard caves, curbs on barbed-wire fencing, and regulation of tourism and safaris (para 1). Interim orders of March and April 2026 restricted safari timings, restrained construction outside village abadi, stayed mining and brought the State's safari SOP into operation (para 1). The Forest Department admitted that much of the habitat lies on revenue and private land and that no policy regulates private construction by reference to wildlife movement (para 2). An intervening tourism society proposed an absolute restriction only up to 50 metres from caves (para 4).

Court's Findings

The Court held that Articles 21, 48A and 51A(g) and the Wild Life (Protection) Act do not confine protection to notified boundaries; caves and corridors on revenue or private land cannot be excluded because of ownership (para 6). The precautionary principle requires preventive action against a credible risk of irreversible harm, while ordinary village needs must be distinguished from destructive commercial activity (para 6). Following T.N. Godavarman Thirumulpad (2023), a uniform zone can intensify man-animal conflict and regulation is preferred to prohibition (para 7); the Aravali Hills decision (2025) stressed geo-referenced ecological assessment (para 8). Leopard-specific and road-ecology studies treated the first kilometre as a distinct ecological variable, though none fixes a universal rule (para 9). Neither the petitioner's absolute 1,000-metre ban nor the intervenor's 100-metre proposal could be accepted as final, since no Jawai-specific assessment existed (para 10). But unrestricted construction risked irreversible harm, so, reading the studies with the State's own one-kilometre order of 2015, the Court adopted one kilometre as an interim, revisable construction-control and mandatory-scrutiny zone (para 10).

Legal Principle

Wildlife protection under Articles 21, 48A and 51A(g) and the Wild Life (Protection) Act extends to leopard habitat on revenue and private land. Where no habitat-specific assessment exists, a court may, on the precautionary principle, adopt an interim, scientifically informed regulatory distance, open to revision once mapping and policy are complete (paras 6, 9-10).

Precedents Relied Upon

  1. In Re: T.N. Godavarman Thirumulpad v. Union of India 2023 INSC 430
    Relied Upon Discussed at ¶ 7

    A uniform one-kilometre eco-sensitive zone with a ban on permanent structures may intensify man-animal conflict; eco-sensitive zones should regulate rather than prohibit activity and must be specific to each protected area, though mining within one kilometre of a National Park or Sanctuary boundary is impermissible.

  2. In Re: Issue Relating to Definition of Aravali Hills and Ranges 2025 INSC 1338
    Relied Upon Discussed at ¶ 4, 8

    Long-term protection lies in geo-referenced scientific mapping, identification of inviolate areas and assessment of cumulative impact before further activity is permitted; not authority for permitting construction in leopard habitat.

  3. Vellore Citizens’ Welfare Forum v. Union of India (1996) 5 SCC 647
    Referred To Discussed at ¶ 4

    Relied on by the intervening tourism society, which urged regulation through scientifically identified zones rather than a blanket prohibition.

NyayVidhan
Court Judgments · 3 min read
Decided: September 5, 2026 Dr. Justice Pushpendra Singh Bhati and Justice Rekha Borana
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