Aravalli row simmering, Rajasthan opened ‘urban hill terrain’ to ‘low-density’ activities

Hills with a slope of up to 8 degrees have been classified as Category A, where development has been kept largely in line with existing urban planning frameworks. Public utility infrastructure has also been permitted in all the zones.

Categories A and B run counter to the Forest Survey of India’s (FSI) 3-degree slope formula, which counts all areas above the minimum elevation of an Aravalli state — 115 metres in the case of Rajasthan — with a slope of at least 3 degrees as Aravalli.

Rajasthan recorded 7,173 FIRs and over 71,000 instances of illegal mining in seven years, with the Aravalli districts contributing the largest share. (Express Photo by Gajendra Yadav)

While the government maintains that Rajasthan’s new regulations balance conservation with regulated development, experts say that the widening of permissible uses in Category B hills risks incremental erosion of one of North India’s oldest mountain systems under the guise of low-density development.

Asked whether the Regulations run contrary to the FSI formula, Urban Development and Housing Minister Jhabar Singh Kharra told The Indian Express, “Certain activities were permitted (under the Regulations). After the apex court’s decision, Union Environment and Forest Minister Bhupender Yadav and Chief Minister Bhajan Lal Sharma have made things clear. In such circumstances, if there are any positive suggestions on the decisions which have been taken earlier, then there can be a review.”

A senior official of the mining department, however, said what’s playing out with respect to the Aravallis “is mainly related to the mining department; it has no direct implications for urban development and housing department as such”.

The new norms

Under the 2024 Regulations, in Category B, resorts have been allowed to be developed on a minimum of two hectares with up to 20 per cent land coverage, while religious, spiritual and wellness centres are permitted on plots as small as one hectare. Farmhouses are allowed with ground coverage of up to 500 square metres within a minimum area of 5,000 square metres, subject to height restrictions. Hill cutting of up to three metres has also been permitted in Category B areas, subject to approvals and compliance conditions.

The regulations mandate plantation on at least 40 per cent of infrastructure under Category B land, prohibit basements and stilt floors, and require bio-digesters and GIS-based drainage plans. Construction on crestlines is barred in principle, though the state government has retained discretionary powers to allow projects on naturally flat crest areas after “technical examination”.

Construction and land-use conversion in these areas will continue to be governed by notified Master Plans, land-use change rules and prevailing building regulations, effectively treating such terrain on a par with other urban land. However, this classification could bring gently sloping foothills and transition zones of the Aravallis within the ambit of routine urban development, potentially weakening the distinction between built-up plains and sensitive hill systems, experts say.

Category C comprises hills with slopes exceeding 15 degrees, which have been declared non-developable, with a general prohibition on construction and activities. However, the regulations allow exceptions for public utilities such as electricity and water supply, and also vest the state government with powers to permit land conversion or use in “special circumstances” based on the importance of individual cases.

The retention of such discretionary clauses, along with provisions allowing review or modification of earlier building permissions, could dilute the otherwise absolute protection promised for the steepest and most fragile hill areas, experts say.

The 2018 Hill Regulations, which the current ones replace, had faced a slew of court cases, including by Udaipur-based Jheel Sanrakshan Samiti. Dr Anil Mehta, its joint secretary, said, “There shouldn’t be any commercial construction on hills at all. You can’t evict certain hill-dwelling communities, but commercial construction shouldn’t be permitted.” He said they plan to approach the courts again against the 2024 Regulations.

The new Regulations also mandated urban local bodies and development authorities to classify hilly areas into Categories A, B and C within six months of the regulations coming into force, using GIS-based digital elevation data in collaboration with technical agencies such as the State Remote Sensing Agency or Survey of India, to objectively identify developable and non-developable land. Mehta said this is yet to be done.