IMPORTANT POINTS
Application not replied or not rejected does not mean that it has been accepted or allowed.
Encroachment on public land vested in government must be removed.

JUDGMENT :

Madan B. Lokur, J.

1. These petitions are illustrative of how some interests can frustrate the rule of law and get away with it. What the petitioners are responsible for, apparently along with several others, is creating a water shortage in Jaipur City and also ensuring that Ramgarh Lake which was made famous in the Asian Games held in 1982 is now completely dry and the catchment areas of Ramgarh Dam are rendered completely useless. This is a tragedy of enormous proportions and rather unfortunately neither the State of Rajasthan nor the Jaipur Development Authority has thought it fit to take stern remedial action. They are thereby compounding the woes of the residents of the city of Jaipur. It is often said that power comes with responsibility – and so should it be with the State and the authorities and the petitioner, particularly when it concerns the interests of the people.

2. The origin of these petitions can be traced back to the decision of the Rajasthan High Court in Abdul Rahman v. State of Rajasthan. [DBCWP No.1536 of 2003 decided on 2nd August 2004). In this decision, the High Court attempted, through a series of directions, to ensure free flow of water in the catchment areas of Ramgarh Dam (near Jaipur) and through Tala River and Banganga River. The directions were the conclusion of a public interest litigation in which a public spirited person approached the Rajasthan High Court and highlighted the necessity of protecting tanks and ponds in Rajasthan for a proper and healthy environment to enable the people to enjoy quality life, the essence of the right of a citizen guaranteed by Article 21 of the Constitution.

3. What is the significance of Ramgarh Dam? The dam was constructed in 1903 having a catchment area of about 769.20 sq. km. spread over four Tehsils, namely, Jamvaramgarh, Amer, Shahpura and Viratnagar. The water harnessed by the dam was, till 1978, a source of irrigation. Thereafter, it became a source of drinking water for Jaipur City. During the Asian Games held in India in 1982 Ramgarh Lake was one of the highlights of the Games and events relating to water sports were held in the Lake. Unfortunately, today the Lake is dry and apparently heavily encroached upon due to the omissions and commissions of various departments of the Government of Rajasthan. What is worse is that with the Lake drying up and the catchment areas without any water, Jaipur City is faced with a scarcity of water.

4. With these ground realities in mind and while entertaining the Public Interest Litigation (PIL) initiated by Abdul Rahman, the High Court passed an order on 18th July 2003 requiring the State Government to undertake a general survey to identify the catchment areas of Ramgarh Dam that were misused for construction and mining purposes. This was in the context of what appeared to the High Court as indiscriminate mis-utilization of the catchment areas for construction and mining purposes which prevented lakes, reservoirs, rivers, ponds, etc., from receiving water even during the monsoon season. The survey was also intended to study the effect of utilization of the catchment areas for construction, mining and other purposes. The State Government was also required to suggest measures for restoring the catchment areas to their original shape and use.

5. Pursuant to the directions given by the High Court on 18th July 2003, the State Government constituted an Expert Committee which gave a report that makes for some very sad reading. However, the Expert Committee also gave as many as 15 valuable suggestions for restoring the catchment areas to their original shape and use. These suggestions were accepted by the High Court and directions issued to the State Government to consider the recommendations of the Expert Committee and chalk out a plan to take effective steps to restore the catchment areas. Three months time was granted to the State Government to give concrete and positive shape to the suggestions.

6. Not surprisingly,