Gujarat High Court
Judgename :D.A.MEHTA, R.K.Abichandani
SHAILSH R.SHAH - Appellant
Versus
STATE - Respondent
S.C.A. 10621 of 2000
Decided On : 08/02/2002
Gujarat Panchayats Act, 1993 -Gujarat Municipalities Act, 1963 -Bombay Provincial Municipal Corporation Act 1949, -provisions of Environment (Protection) Act, 1986 -Petitioner has sought a direction on the respondents to place water policy of the Government of Gujarat before this Court and also the record to show big and small lakes in and around as they existed in the year 1960 and their present status. A direction is also sought for removing all encroachments on the land bearing survey No. 353 of Lake Chandola and for executing the work for disiltation, reviving feeder streams and taking effective steps for reviving and recharging it. It is stated in the petition that Lake Chandola which is on the outskirts admeasured about 297 acres and 28 at the relevant time, and it was a natural reservoir harvesting rain water which flowed into it on account of natural gradient from the surrounding areas. It is stated that Chandola Lake is a stark example of the fact that the Government had no water policy. The Government holds such property in trust for the public at large, and therefore, is under a binding obligation to ensure that it was duly preserved. 3. 1 in Special Civil Application No. 11635 of 2000, the petitioner No. 1 is a committee said to have been constituted with an object of redressing and ventilating grievances of the residents of Navrangpura area of the city. The petitioners have sought a direction on the respondents to take appropriate action for removing unauthorised encroachments from the final plot No. 190 of the Town Planning Scheme No. 3, which is popularly known as "lakhudi Talavadi". It appears that the persons residing in some co-operative housing societies near that "talavadi" (i. e. a small pond), had made applications to the authorities including the Municipal Commissioner for removing encroachments from the final plot No. 190 on the ground that unhygenic conditions were prevailing because of unwieldy encroachments on the plot. 3. 2 the Special Civil Application No. 11049 of 2000 has been preferred by a member of the managing committee of a co-operative housing society seeking a direction that unauthorised structures may be removed from and around It is stated in the petition that, instead of developing the ponds, illegal constructions were allowed to come up and no action was being taken by the authorities to remove them -Held Water Resources Committee will closely monitor the removal of encroachments by the concerned authorities, and, the Area Development Authorities and the local bodies shall furnish, quarterly, particulars of such encroachments and their removal to the Water Resources Committee. [g] the question of determining the peripheral area surrounding a lake or pond on which construction may be prohibited will be taken up by the concerned authorities for consideration in the context of the development of individual lakes and ponds and the authorities will take decisions thereon having regard to the relevant factors which may have a bearing on the protection, preservation and improvement of lakes, ponds and other water bodies, and once the peripheral area, around a lake or pond, in which there will be no construction allowed is determined, the same shall be notified. All the applications for building permissions which may be pending, may accordingly be decided as per the regulations and keeping in view the requirement of individual water bodies. Rule is made absolute in all these petitions accordingly with no order as to costs. All the applications filed in these petitions stand disposed of in light of this decision with no order as to costs -Petition is Disposed.
( 1 ) THIS group of petitions raises common questions and the petitions have been argued together by the learned counsel appearing for both the sides.
( 2 ) THE petitions center around the question of protecting, preserving and improving the water-bodies in the State and safeguarding them against encroachments.
( 3 ) IN Special Civil Application No. 10621 of 2000, the petitioner has sought a direction on the respondents to place water policy of the Government of Gujarat before this Court and also the record to show big and small lakes in and around Ahmedabad as they existed in the year 1960 and their present status. A direction is also sought for removing all encroachments on the land bearing survey No. 353 of Lake Chandola and for executing the work for disiltation, reviving feeder streams and taking effective steps for reviving and recharging it. It is stated in the petition that Lake Chandola which is on the outskirts of Ahmedabad admeasured about 297 acres and 28 gunthas at the relevant time, and it was a natural reservoir harvesting rain water which flowed into it on account of natural gradient from the surrounding areas. It is stated that Chandola Lake is a stark example of the fact that the Government had no water policy. The Government holds such property in trust for the public at large, and therefore, is under a binding obligation to ensure that it was duly preserved. 3. 1 in Special Civil Application No. 11635 of 2000, the petitioner No. 1 is a committee said to have been constituted with an object of redressing and ventilating grievances of the residents of Navrangpura area of the city. The petitioners have sought a direction on the respondents to take appropriate action for removing unauthorised encroachments from the final plot No. 190 of the Town Planning Scheme No. 3, which is popularly known as "lakhudi Talavadi". It appears that the persons residing in some co-operative housing societies near that "talavadi" (i. e. a small pond), had made applications to the authorities including the Municipal Commissioner for removing encroachments from the final plot No. 190 on the ground that unhygenic conditions were prevailing because of unwieldy encroachments on the plot. 3. 2 the Special Civil Application No. 11049 of 2000 has been preferred by a member of the managing committee of a co-operative housing society seeking a direction that unauthorised structures may be removed from and around Memnagar "talav". It is stated in the petition that, instead of developing the ponds at Memnagar and Vastrapur, illegal constructions were allowed to come up and no action was being taken by the authorities to remove them.
( 4 ) WHEN the matters came up before the Division Bench on 18-4-2001, a detailed interim order was made, in paragraph 95 of which, a direction was given to the State Government to maintain all water bodies, lakes, ponds etc. and to remove encroachments at the earliest, and further to give priority to water crises. The Government was directed to submit a report after six weeks as to what action it and the Corporation were proposing to take. In this interim order, reference was made to various lakes and ponds which required the attention of the authorities. Interim directions were given to remove the encroachments and recharge the lakes. By order dated 5th April 2002, noting that sufficient time had elapsed but no report was submitted by the Government and that water bodies which were natural were getting virtually destroyed on account of negligence of the authorities or on account of remaining a silent spectator, a Committee came to be constituted "for suggesting ways, means and methods to recharge the lakes / ponds in the City of Ahmedabad, both within the Municipal and AUDA limits, including collection of rain water and water conservation. " The Committee was to examine cases whether in the lakes / ponds, buildings had been erected or not. By order dated 10th May 2002, the AUDA
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