HC stays Oranland allocationfor solar projectsin Jaisalmer
Rajasthan High Court
has stayed the allocation of thousands of bighas of Oran pasture land in Jaisalmer district for large-scale solar power projects, directing the state govt and district administration to respond to concerns about the protection of these ecologically and culturally significant lands.
In an order issued on July 30, Justices Pushpendra Singh Bhati and Sandeep Taneja, stayed the land allocation following a PIL by advocates Manas Ranchhod Khatri and Sunil Paliwal on behalf of petitioner Shyam Singh Sodha. The petitioner challenged the allocation of Oran and Aagor land in the Fatehgarh subdivision, particularly in Sitodai village, for the establishment of a 12,500 megawatt solar park by Rajasthan Rajya Vidyut Utpadan Nigam Limited (RVUNL).
According to the petitioner, the Jaisalmer district collector, acting on state govt directives, proceeded with land allocation without proper physical verification or site inspection. The land includes ancient Oran, Talai, embankments, and Aagor areas, which, while not officially recorded in revenue documents due to clerical errors, are recognized by villagers as sacred and protected spaces. These lands are traditionally safeguarded by local communities, who prohibit encroachment, tree cutting, and hunting, and regularly worship at these sites.
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The petition highlighted that the allocation process overlooked several significant areas, including Malan Baisa Oran, various Talais (water bodies), embankments, and Aagor lands that exist on ground but were not accounted for in official records. In Sitodai village, the Oran of Tanot Mata and Malan Baisa is particularly revered, featuring trees like Khejri, Jal, Kumat, Ker, and Ber, which play a vital role in wildlife conservation and maintaining local ecology.
In response to these concerns, the high court issued notices to Jaisalmer district collector, Rajasthan Renewable Energy, and the director of the Arid Forest Research Institute, ordering that status quo be maintained on site and in official records until further orders.
The court also referenced a Dec 18, 2024, Supreme Court directive, which instructed the Rajasthan forest department to conduct detailed ground and satellite mapping of all sacred forests, including Orans, and to consider granting them protection under the Wildlife Protection Act, 1972, as community reserves. The Supreme Court further directed the ministry of environment, forest and climate change to form a five-member committee, in collaboration with the Rajasthan's forest department, to oversee the identification and protection of these areas.
The high court stay order mandates compliance with the apex court's instructions and has sought submission of a report regarding the committee's formation and progress.
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