The Supreme Court has strongly criticized the Jaipur Municipal Corporation (Heritage) for its role in polluting Jal Mahal Lake. The court questioned how Jaipur can claim to be a Smart City while actively contributing to the destruction of this historic water body.
“Today we see the Commissioner appearing online with the name board of Smart City behind him. We wonder how the city of Jaipur will become a Smart City by destroying Jal Mahal lake,” the Court remarked.
A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan expressed disapproval over the fact that untreated sewage and rainwater from the municipal corporation’s headquarters were being discharged directly into the lake. The court also noted that the corporation had extended sewage lines into natural drains from the forest, further contaminating the lake’s ecosystem.
“Municipal Corporation Heritage headquarters releases dirty rainwater and sewage water into Jal Mahal Lake from time to time. It is also noted that waste materials are also immersed in Jal Mahal Lake due to which water has been completely contaminated. Moreover, Municipal Corporation is increasing sewage lines into the natural drains coming from the forest into Jal Mahal lake. In short, due to neglect and illegal acts on the part of the first petitioner, Jal Mahal Lake has been completely destroyed,” the Court observed.
Court Orders Immediate Pollution Control Measures
During the hearing, the Commissioner of the municipal corporation appeared before the court and submitted an affidavit detailing a development project by the state government and the tourism department. However, the bench noted that the project had no connection with the restoration or preservation of Jal Mahal Lake. The court highlighted the absence of an expert agency’s involvement in suggesting measures for restoring the lake.
To address this, the court ordered the Jaipur Municipal Corporation to appoint the National Environmental Engineering Research Institute (NEERI) within a week. NEERI will prepare a comprehensive report on immediate pollution control actions and long-term strategies for the lake’s preservation.
Additionally, the court ruled that no development work related to Jal Mahal, as mentioned in a government letter dated November 26, 2024, should proceed until NEERI’s recommendations are received. The municipal corporation was also instructed to:
- Prevent vending activities or market setups near the lake.
- Submit a compliance affidavit by March 21, 2025.
The matter is scheduled for further hearing on March 24, 2025.
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Background: NGT’s Ruling and Environmental Concerns
The Jaipur Municipal Corporation had previously approached the Supreme Court to challenge an order by the National Green Tribunal (NGT). The case stemmed from a petition against the Jaipur Heritage Municipal Corporation’s decision to establish a night market near Jal Mahal Lake.
The corporation had invited tenders for the night market through an advertisement dated May 19, 2022. However, the petitioners argued that the market was located within the eco-sensitive zone of the Nahargarh Wildlife Sanctuary and lacked the required environmental clearances. It was also contributing to pollution in the area.
The NGT formed a committee with representatives from:
- The Rajasthan State Pollution Control Board,
- The Principal Chief Conservator of Forests, and
- The Jaipur Collector.
The committee confirmed that the night market was operating within the eco-sensitive zone without approvals from the monitoring committee or compliance with pollution control laws. Even though the municipal corporation suspended the night market on July 24, 2023, pollution in the area remained a concern.
The Rajasthan State Pollution Control Board further stated that no permission had been granted for wastewater discharge into Jal Mahal Lake under the Water (Prevention and Control of Pollution) Act, 1974, or the Air (Prevention and Control of Pollution) Act, 1981. A water analysis report from December 30, 2022, presented by the petitioners, revealed alarming pollution levels:
- Dissolved Oxygen (DO) – 2.3 (extremely low for aquatic life)
- Biochemical Oxygen Demand (BOD) – 24 (high pollution levels)
- Chemical Oxygen Demand (COD) – 72 (severe contamination)
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NGT’s Verdict and Penalty
The NGT ruled that the night market had been operating illegally from November 1, 2022, to July 24, 2023. As a penalty, it imposed an environmental compensation fine of Rs. 10,000 per day on the Jaipur Heritage Municipal Corporation for this period. The collected amount was directed to be deposited with the Principal Chief Conservator of Forests (PCCF) Wildlife Jaipur.
The tribunal also ordered that:
- No future night market or commercial activities take place in the eco-sensitive zone without prior approval from the monitoring committee and pollution control authorities.
- The District Collector and Chief Wildlife Warden ensure strict enforcement of eco-sensitive zone guidelines.
- Environmental compensation payment compliance be completed within two months, with execution proceedings initiated in case of non-compliance.
Following the NGT’s ruling, the Jaipur Municipal Corporation moved the Supreme Court to challenge the decision. The case, listed as Civil Appeal No. 6469/2024 (Nagar Nigam Heritage Jaipur & Anr. v. Rajendra Tiwari & Ors.), is now under the apex court’s scrutiny. With the Supreme Court taking a firm stance on Jal Mahal’s preservation, its forthcoming directives will be crucial in determining the lake’s future.
Case Title – Nagar Nigam Heritage Jaipur & Anr. v. Rajendra Tiwari & Ors.