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2005 Supreme(Raj) 2282
High Court Of Rajasthan
Judgename : Manak Mohta
Paresh Choubisa - Appellant
Versus
State of Rajasthan - Respondent
D.B. Civil Writ Petition No. 1258/2005
Decided On : 09/29/2005
Mr. P.S. Chundawat, for the Petitioner. Mr. Shyam Ladrecha, Additional Government Advocate. Mr. Bheem Arora, for the Respondent No. 2. Mr. Shambhoo Singh, for the Respondent No. 5. Mr. Manish Shishodia, for the Respondent No. 6.
The central legal point established is the duty of the state and municipalities to protect the environment and maintain a hygienic atmosphere, as well as the constitutional imperative to promote environmental protection.
Headnote:
Pollution - Preservation of Galp Sagar Lake - Rajasthan Municipalities Act, Section 203
Fact of the Case:
The petition pertains to pollution and preservation of Galp Sagar Lake, which is facing degradation due to pollution caused by dumping of waste and encroachments. The petitioner seeks various directions to protect the lake.
Finding of the Court:
The court found that despite some efforts, the pollution control measures were inadequate, and the lake was facing significant threats. The court emphasized the duty of the state and citizens to maintain a hygienic environment and highlighted the constitutional imperative on the state government and municipalities to protect the environment.
Issues: The main issues revolved around the degradation of Galp Sagar Lake due to pollution, encroachments, and inadequate conservation measures.
Ratio Decidendi: The court emphasized the duty of the state and municipalities to frame schemes for environmental and sanitary amenities, as per Section 203 of the Rajasthan Municipalities Act. It also highlighted the constitutional imperative to protect the environment and promote a hygienic atmosphere.
Final Decision: The court directed the Divisional Commissioner to prepare a conservation and improvement plan for the lake, including bylaws for 'No Construction Zone' and other necessary measures, involving various state agencies, local bodies, NGOs, and private entrepreneurs.
N.N. Mathur, J.-The instant “Public Interest Litigation” pertains to pollution and preservation of Galp Sagar Lake. Apart from having a glorious past, it is the lifeline of Dungarpur Town. It is one of the most important source of water of rains but now the grievance voiced in the instant petition is that it has become a victim of utter neglect by the residents of the Town as well as by the local Administration. It is degrading day by day by the pollution caused by dumping of animal waste, human excreta, bathing & washing of clothes, throwing of plastic and polythene bags etc. Obstruction by throwing plastic and polythene bags in Lake, problem of sewerage encroachments with the connivance of the Municipality, more particularly construction in the submerged areas, submergence denuding and levelling of the hillocks around Galp Sagar to convert them in to residential plots and massive deterioration of catchments area, are some of the menacing threats that confronts Galp Sagar Lake. It is apprehended that the Lake may end up and bow in few years. In this background the petitioner seeks following directions:
(i) The State Authorities may be directed that 500m of the area adjoining to the Galp Sagar Lake should be declared “No Construction Zone”, any type of the construction residential or commercial may be banned within this area:
(ii) The adjoining area of Galp Sagar may be declared GREEN BELT and the State Authorities should be directed to make efforts for intensive afforestation:
(iii) The State Authorities should be stopped from selling the plots within the Gap Sagar (area of the Ring road) and in the catchments areas nearby for any purpose either residential or commercial:
(iv) The State Authorities should be directed to demarcate the original boundaries of the Gap Sagar according to 1884-85 map and to restore the lake to its original shape i.e.. Its actual area 656 bigha 18 biswa. They may be further directed to demarcate he catchment area and all the Channels of water inflow into the Gap Sagar and to remove all the obstructions permanent and semi permanent therein. They may be further directed to make effective steps to restore the catchment areas and all the channels of water in low to their original shape;
(v) The State Authorities may be directed to make a time bound action plan for cleanliness of the lake, to deepen the area of the lake and to remove all kinds of obstructions within the lake.
(vi) The State Authorities may be directed to stop the construction of the Petrol Pump, constructing on the main water channels, water coming from the Kushal Magri and Bilri.
(vii) The State Authorities may be further directed to demarcate the flood levels and to prevent any kind of construction therein.
(viii) The State Authorities may be further directed to build “Sulabh Complex” nearby the Gap Sagar so that the human waste may not get into the lake.
(ix) The State Authorities may be directed to stop fishing in the lake and those varieties of the fishes may be put in the lake which helps in cleaning the water of the lake; and
(x) Therespondents may be directed not to convert the agricultural land coming in the catchment areas for any other purpose.
2. This Court by order dated 19.04.2005 directed the Collector and other District Authorities to convene a meeting and frame an appropriate scheme and act accordingly. The Court directed thus:
“1. To clean the Gap Sagar Lake and save from degradation by pollution caused by dumping of animal waste, human excreta, throwing of plastic and polythene bags;
2. To ensure that the sewerage is not discharged in the lake and also to prohibit urination in the lake; 3 To ensure that the lake is not used as a dumping place. Boundaries of the lake be fixed as per the Revenue record. 4 Appropriate suggestions be made for declaring “No Construction Zone” at a particular distance from the flood level of the lake. 5 A survey of the entire catchment area be made. It must be ensured that there is
