Factual report in the matter of Rajendra Tiwari Vs Union of India & Others (OA No 53/2023) as per the directions of the National Green Tribunal, Central Zone Bench, Bhopal.

Rajendra Tiwari has raised the issue of Nagar Nigam Heritage Jaipur inviting tenders for holding a night market without specifying the area where the said night market was to be held. Later on the contract was awarded  to M/s SSPARK Managing Services, Jaipur and the night market was held beside the Jal Mahal lake which is part of the Nahargarh Wildlife Sanctuary and Eco-Sensitive Zone notified under the provisions of the Wildlife (Protection) Act, 1972. In the course of holding the night market, untreated effluent is being discharged in Jal Mahal lake polluting its water. Noise and air pollution is also being caused by the operators and no consent has been obtained under Water Act, 1974 and Air Act, 1981, the complainant said.

The NGT, July 20, 2023 directed a joint committee to visit the site.

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The committee after field visit and on perusal of records said that the location where night market was previously operating is within the eco sensitive zone of the Nahargarh wildlife sanctuary. The operation of the night market has been suspended by the Nagar Nigam Jaipur (Heritage) since July 24, 2023 and presently the night market is not being organised. Representative of the Nagar Nigam informed that solid waste generated during the night market was collected by the Nagar Nigam on a daily basis and disposed of at disposal sites for municipal solid waste. And no wastewater was generated because of the night market. Rajasthan State Pollution Control Board has informed that no permission has been granted to Nagar Nigam (Heritage) Jaipur under Water Act 1974 or Air Act, 1981 for organizing the night market.