JAISALMER: In a significant order concerning environmental protection and river conservation, the Rajasthan High Court, Jodhpur, has held that construction of a road on land recorded as “Gair Mumkin Nadi” (river land) is contrary to law. The court issued the order on Tuesday in connection with the road link constructed from Chhatriyon Ka Morcha to the Mega Highway through the flow area of the Luni River in Balotra district.Hearing a Public Interest Litigation (PIL) filed by Tulsaram, Chairman of the Pollution Prevention and Environment Protection Committee, a Division Bench comprising Justice Dr. Pushpendra Singh Bhati and Justice Dr. Nupur Bhati expressed serious dissatisfaction over the manner in which the road was constructed within the river’s flow are The court directed the State Government to file an affidavit and submit a detailed technical expert report explaining how the issue would be resolved and whether alternative engineering solutions are feasible.Advocate Sumer Lal Sharma stated that the PIL challenged the construction of a BT road connecting Chhatriyon Ka Morcha to the Mega Highway. According to the petition, instead of being built on the route earmarked in the master plan, the road was constructed within the flow area of the Luni River, posing a threat to the river ecosystem and the environment.During the hearing, the court examined a joint report submitted by the Balotra District Collector and the Pachpadra Tehsildar. The report, based on separate demarcation and measurement exercises, indicated that the road had been deliberately constructed within the riverbed despite an alternative alignment being available under the master plan.The High Court observed that public interest cannot be used as a justification for illegal construction within a river’s natural flow area. It emphasized that wherever connectivity is required across river land, authorities should adopt proper engineering solutions such as bridges, elevated corridors, or pillar-based structures that preserve the river’s natural flow and ecological integrity.The Bench warned that permitting road construction on river land merely for convenience would set a dangerous precedent, allowing government agencies to disregard revenue records in the future. The court noted that although many rivers in Rajasthan remain dry for most of the year, their legal and ecological character as rivers does not cease to exist. Seasonal river channels play a vital role in groundwater recharge, flood management, and maintaining environmental balance.Referring specifically to the Luni River, the court stressed that it is one of western Rajasthan’s most important river systems and that its natural drainage network must be protected. Land recorded as river land in revenue records, the court said, is not vacant government land available for development but a valuable ecological and environmental resource whose protection is a constitutional obligation of the State.The court further observed, prima facie, that the road appears to have been constructed within the river area to avoid the process and financial burden of land acquisition. Such an approach, it said, cannot be justified in the name of public interest.The Bench also indicated that action against officials who permitted construction on land recorded as “Gair Mumkin Nadi” would be considered. The State Government has been directed to submit an affidavit within four weeks along with a technical expert report examining possibilities such as converting the road into an elevated structure or adopting other engineering solutions.The court noted reports submitted earlier by court-appointed commissioners, which also highlighted irregularities in the road’s construction. After examining the government’s response and proposed corrective measures, the court will issue further directions regarding the protection of river land and determine what action should be taken against the officials responsible.The matter is scheduled to come up for hearing again after four weeks.
