MADAN B.LOKUR, DEEPAK GUPTA
National Institute of Medical Science University Rajasthan – Appellant
Versus
State of Rajasthan – Respondent
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 cat
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