Rajasthan
,
Sambhar
,
Jaipur
Published :
Mar 2022
|
Updated :
Rajasthan High Court Stays World's Largest Solar Project near Sambhar Lake Wetland
Reported by
Kuber Bathla
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2014
Year started
6475
Land area affected
Households affected
People Affected
2014
Year started
6475
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2013, it was reported that the Union government was planning to set up an ultra-mega solar power project in an area close to the Sambhar Salt Lake in Jaipur. The then Prime Minister, Manmohan Singh, had announced the project during his visit to the district. The plant was proposed to have a capacity of 4,000 megawatt, making it the world’s largest solar power project in the world, requiring an area of around 16,000 acres. However, when Vasundhara Raje became the chief minister in 2014, she appealed to the High Court of Rajasthan against the project, citing environmental concerns.

The chief minister was reportedly concerned about the migratory birds in the region, and she highlighted that the site of the proposed plant is a notified wetland, which is supposed to protect the birds. She also sent letters to Praful Patel, the then minister of heavy industries, along with two other ministries and six public sector undertakings. In the high court, the Union government stated that it had no active plan to establish a solar power project in the region, and the petition was subsequently dismissed.

Since 2017, the high court has registered two suo motu petitions to examine whether effective steps are being taken to protect and preserve major wetlands covered by the Ramsar Convention. Several surveys have been carried out in the region to assess the reasons behind the death of migratory birds, scarcity of water and illegal extraction of salt. In this regard, alleged illegal salt extraction by Sambhar Salts Limited, a subsidiary of Hindustan Salts Limited, also came into question, and the issue** **is currently being reviewed by an expert panel formed by the court. Hindustan Salts Limited is a state-owned salt manufacturer. It plans to use the land allotted to the company near the lake to develop the solar project.

While the cases are pending, the most recent order of the high court from December 20, 2021, directed Hindustan Salts Limited to stop the work on the project until the court examines the “issues concerning setting up such a large-scale power project near the lake area and its possible impact on the environment and ecosystem of the lake”. The court ordered this on the basis of a news report, which stated that a solar plant at the site could “could wipe out the ecosystem with all its genetic diversity”.

In the same report, the chairperson and managing director (MD) of Hindustan Salts Limited was quoted as saying, “Solar plants come under the ‘wise use’ category. That’s why environmental clearance is not required.” In 2014, R.K. Tondon, the then MD of Sambhar Salts Limited, said that salt extraction happens only in a small part of the total land owned by the PSU and that a green project is “the best way to utilise the surplus land without harming the wetland”. However, according to Section 45(f) of the Wetlands (Conservation and Management) Rules, 2017, any kind of permanent structure cannot be constructed on wetlands.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Project stalled

Original Project Deadline

2016

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Other environmental services, Water bodies

Whether the project was stalled due to land conflict

No

Source/Reference

<https://timesofindia.indiatimes.com/city/jaipur/4000mw-solar-plant-at-sambhar-may-spelldoom-for-prized-wetland/articleshow/88215470.cms> <https://timesofindia.indiatimes.com/city/jaipur/raj-hc-stays-work-on-mega-solar-project-in-sambhar/articleshow/88399589.cms> [Project stalled due to issue being taken up by the High Court in suo motu petitions on the basis of TOI report published on December 11, 2021 (link above)]

Total investment involved (in Crores):

28000

Type of investment:

Investment Expected

Year of Estimation

2013

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Rajasthan State Wetland Authority; Central Wetlands Regulatory Authority; Principal Secretary, Forest Department, Government of Rajasthan; Ministry of Environment, Forests and Climate Change

PSUs Involved in the Conflict:

Hindustan Salts Limited, Sambhar Salts Limited

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Kuber Bathla

Kuber is a second-year student of Political Science and Economics at St. Stephen's College, University of Delhi, with interests in public policy, rural development, political analysis and organisation management. He is currently interning with the Observer Research Foundation. In the past, he has worked with Transform Rural India Foundation (an initiative of Tata Trusts) and India Development Review, learning research, data and organisation management.

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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Project stalled

Original Project Deadline

2016

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Other environmental services, Water bodies

Whether the project was stalled due to land conflict

No

Source/Reference

<https://timesofindia.indiatimes.com/city/jaipur/4000mw-solar-plant-at-sambhar-may-spelldoom-for-prized-wetland/articleshow/88215470.cms> <https://timesofindia.indiatimes.com/city/jaipur/raj-hc-stays-work-on-mega-solar-project-in-sambhar/articleshow/88399589.cms> [Project stalled due to issue being taken up by the High Court in suo motu petitions on the basis of TOI report published on December 11, 2021 (link above)]

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