Rajasthan's New Hill Conservation Regulations

Summary of Key Points

Legislation and Regulations

• Model Regulations for Conservation of Hills in Urban Areas, 2024:
  • Approved in April 2025, replacing the 2018 law.
  • Classifies hills into three categories based on slope:
    • Category C: Slopes over 15 degrees - Non-developable.
    • Category B: Slopes between 8 and 15 degrees - Allows low-density activities (e.g., resorts, wellness centers) but may endanger conservation.
    • Category A: Slopes up to 8 degrees - Generally align with urban planning frameworks.

Environmental Concerns

• The regulations have stirred controversy regarding potential threats to the Aravalli range, one of North India's oldest mountain systems.
• The Forest Survey of India (FSI) utilizes a 3-degree slope formula for classification, suggesting that current state regulations may conflict with established ecological guidelines.

Development Provisions

• Category B Developments:
  • Resorts: Minimum 2 hectares with 20% land coverage.
  • Wellness centers: Allowed on plots as small as 1 hectare.
  • Farmhouses: Up to 500 square meters on minimum 5,000 square meters.
  • Construction participation in 40% plantation required and bio-digesters mandated.
• Restrictions on activities including construction on crestlines with discretionary powers retained by state authorities.

Court Involvement

• Current developments are under suo motu proceedings initiated by the Supreme Court regarding their implications.
• Previous regulations faced legal scrutiny from groups like the Jheel Sanrakshan Samiti.

Government Perspective

• Rajasthan government claims that the new regulations serve to balance conservation with regulated development, aiming to provide structured growth while protecting hill integrity.
• Urban Development and Housing Minister, Jhabar Singh Kharra, noted the state's adaptability in the face of legal feedback.

Action Required

• Local authorities instructed to classify hilly areas within six months using GIS technology, in cooperation with technical agencies.

Academic and Expert Opinions

• Experts caution that increased permissible uses in Category B may lead to degradation of the Aravalli due to "incremental erosion" disguised as low-density development.
• There are calls for absolute prohibition on commercial construction on sensitive hills.

Judicial Precedents

• The 2018 Hill Regulations were challenged multiple times in courts, indicating ongoing legal contention regarding land-use rights and environmental conservation in hilly regions.

Conclusion

The Model Regulations for Conservation of Hills in Urban Areas underscore a complex balance between development and environmental preservation in Rajasthan, introducing categories for hill classification that raise concerns among conservationists and experts. This regulatory framework is also a point of contention that is currently facing scrutiny in the Supreme Court, highlighting the ongoing conflict between urbanization efforts and ecological integrity.