Rajasthan High Court Bans Parties, Marriages And Restaurants At Declared Monument In Reserved Forest Area

The Court was hearing a writ petition alleging that people were organising marriages and private functions at the monument and that a restaurant was operating there under a tender. The petition alleged the use of loud music, laser lights and fireworks during late-night events.

A Division Bench comprising Chief Justice Sanjay K. Agrawal and Justice Sameer Jain observed: “Considering the aforesaid submissions and the fact that the tender dated 14.09.2022 has expired, we deem it appropriate to direct a forthwith complete prohibition upon any such activities, inter alia, commercial use of property for parties, marriages etc., restaurants or any other akin usage, henceforth in the said area.”

Additional Advocate General Mahi Yadav appeared for the State. Advocate Hardik Singh appeared for the forest authorities.

Background

The petition concerned Vidhyadhar Ka Bag, which the Court identified as a declared monument situated in a reserved forest area and adjacent to a wildlife area.

It alleged that marriages and private functions were being conducted at the premises, involving loud music, laser lights and fireworks during late-night hours. The petition also referred to a restaurant allegedly being operated there pursuant to a tender.

The State submitted that no marriages or commercial operations were presently being conducted at the property. It further stated that the tender had expired and no such activities were operational near the wildlife sanctuary or reserved area. Counsel representing the forest authorities reiterated the State’s position.

Court’s Observations

The Court noted the location of the monument and the effect that the alleged activities could have on wildlife in the adjoining area. It also referred to the principle stated in T.N. Godavarman Thirumulpad v. Union of India (1995).

The Bench observed: “It is noted that as the said property situated adjacent to the wildlife area, and thus, the use of fireworks, loud music and laser lights, in the late night hours cause discomfort to the protected wildlife, therefor, such activities ought to be prohibited.”

In view of the State’s submissions and the expiry of the tender, the Court imposed a complete prohibition on commercial parties, marriages, restaurants and other similar uses at the property.

The Court appointed Advocate Apeksha Bapna as Court Commissioner to assist it by preparing a report concerning the issue.

The Commissioner was directed to submit the report before the next hearing. The State was asked to pay her ₹25,000 and provide all necessary assistance.

The Court also required the officer in charge to appear personally and explain how tenders had been issued in relation to property situated adjacent to the forest area.

The matter was directed to be listed on December 8, 2026.

Conclusion

The High Court imposed an immediate and complete prohibition on using Vidhyadhar Ka Bag for commercial parties, marriages, restaurants or any similar purpose.

It appointed a Court Commissioner to inspect and photograph the monument and furnish complete details concerning the issue. The officer in charge was directed to appear at the next hearing and explain how tenders had been issued for property situated adjacent to the forest area.

The Registry was also directed to explain why the matter had again been listed in the admission category despite an earlier direction to list it for final hearing.

Cause Title: Citezens Protection Society v. The State of Rajasthan and Others

Appearances

Petitioner: None

Respondents: Additional Advocate General Mahi Yadav with Advocate Kuldeep Singh Rathore; Advocate Hardik Singh for Additional Advocate General B.S. Chhaba

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