Commercial Use, Late-Night Events In Areas Adjacent To Reserved Forest Prohibited To Protect Wildlife Under Forest Conservation Norms: Rajasthan High Court

"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." Emphasizing that nocturnal commercial festivities and loud noise adjacent to forest reserves inflict impermissible disturbance upon fauna, the Rajasthan High Court on Monday directed an immediate and comprehensive ban on commercial events, wedding functions, and restaurant operations at 'Vidhyadhar Ka Bag', a declared monument situated in a reserved forest area.

A Division Bench comprising Chief Justice Sanjay K. Agrawal and Justice Sameer Jain held that protective conservation mandates strictly govern properties adjacent to wildlife zones to insulate wildlife from environmental distress.

The public interest litigation was moved by Citizens Protection Society assailing the commercial exploitation of 'Vidhyadhar Ka Bag', a notified monument enclosed within a reserved forest tract. The petitioner highlighted that events such as marriages and private parties were routinely organised inside the precinct, generating high-decibel music, laser beams, and late-night fireworks. It was further asserted that a commercial restaurant was functioning within the protected perimeter under a state tender dated September 14, 2022.

Whether commercial activities, marriages, loud music, and fireworks in declared monuments situated adjacent to a reserved forest and wildlife sanctuary violate settled forest conservation principles.

Whether the State authorities can legally issue tenders for operating commercial restaurants and private gatherings within ecologically fragile zones abutting protected wildlife habitats.

The Division Bench observed that the geographical positioning of the monument in the immediate vicinity of a reserved forest habitat required uncompromised environmental caution to prevent ecological disruption.

Discomfort to protected wildlife warrants prohibition of nocturnal revelry

The Court highlighted that holding high-decibel night events in ecologically sensitive zones conflicts directly with conservation duties. The Bench observed 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."

The Bench reinforced that the principle mandating strict protection of eco-zones abutting wildlife habitats is firmly established under the landmark precedent of T.N. Godavarman Thirumulpad v. Union of India [Writ Petition (Civil) No. 202 of 1995].

State affirms expiration of commercial tender in protected zone

Responding to the writ petition, the Additional Advocate General alongside counsel representing the forest department informed the Court that the tender floated on September 14, 2022 had already expired. The State submitted that no commercial operations or marriage ceremonies were presently permitted or taking place within the subject property.

Taking cognizance of the State's assurance and the undisputed lapse of the tender, the Court determined that commercial activities must not be permitted to resume under any guise.

Complete immediate ban on commercial use and appointment of Court Commissioner

The Bench ordered a total, immediate ban on commercial usage, holding that "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."

To verify actual ground compliance, the Court appointed Advocate Ms. Apeksha Bapna as Court Commissioner to carry out an on-site physical inspection, capture photographic evidence, and submit an exhaustive factual report, with remuneration to be borne by the State.

The Court directed the concerned Officer In-charge to remain present in person on the next date of hearing to explain the administrative basis on which tenders were issued for commercial activities within a property located adjacent to a forest area. The Registry was also directed to furnish an explanation for listing the matter under the admission board despite an earlier judicial order listing it for final hearing.

Enforcing an immediate halt on weddings, gatherings, and commercial restaurant ventures within the reserved forest precinct, the High Court directed the Court Commissioner to inspect the premises and mandated the responsible officer to justify the issuance of tenders in the eco-sensitive tract by December 8, 2026.

Date of Decision: November 2, 2026