LAW FOR ALL

Respondent No.1 – Ashish Gautam preferred a writ petition before the High Court of Rajasthan by way of Public Interest Litigation, in which a prayer was made to issue appropriate directions about the safety and security of the wildlife in the Reserve Forest Area and further directions for restraining the use of laser lights, loud music and fireworks in the Monument. The High Court of Rajasthan transferred the matter to the NGT. By way of impugned judgment and order, the Tribunal held that the Monument is part of the forest area and directed that no permission should be granted to organise social functions like marriages, etc. and for the use of fireworks, loud music in the Monument. Hence, the appeal. APEX COURT HELD THAT 9. We issue following directions: (i) The Monument may be used for appropriate multi­purpose activities between 8.00 A.M. to 8.00 P.M. only. No activity to be permitted after 8.00 P.M. (ii) The use of laser lights, loud music, and fireworks is ordered to be completely restrained. (iii) Musical and other fountains to be maintained and to be kept in working order. (iv) Other conditions imposed by the Department be observed strictly. (v) Let requisite supervisory and other staff/gardeners, etc. be dedicated to maintain and look after the area. (vi) We direct that a Consultant be appointed for further beautification of the area and requisite horticultural development and an additional project plan be prepared and placed on record. 10 We accordingly modify the order of the Tribunal. The appeal is allowed in part. We propose to monitor beautification and further developmental work ourselves. Let the report of the Consultant and additional plan and development undertaken so far be placed on record within one month from today. List the case after one month.1