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2012 Supreme(Raj) 1774

 RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.N.Bhandari, J.
Suo Motu - Appellant
Versus
State of Rajasthan - Respondent
S.B. Civil Writ Petition No. 11153 of 2011.
Decided On : 29-05-2012

Advocates:
For Appellant :Mr Virendra Dangi Mr Ashok Kumar
Respondent: Mrs Neeraja Khanna Mr Sanchit Tamra Mr AK Bhandari

Headnote:Rajasthan Tenancy Act, 1955 – S. 16 – Government land was illegally allotted in the catchment areas of Ramgarh dam and scarcity of water was created – 15 directions were issued by the government which should be slowed by the monitoring committee.

A great Saint Kabirdasji once aptly observed, I quote-

"पानी जीवन है बिन पानी सब सून"

I was moved by it. Acute water scarcity in the State of Rajasthan is a wide and vivid problem with which the population is faced. Water has been universally admitted as a symbol of life, since it is essential not only for maintaining eco-friendly environment but also to have eco-system conducive to sustain all forms of life. Water plays a vital role in fulfilling basic human need for life and health so also for over all socio-economic development. The demand of water is increasing day by day. To meet the requirement of ever increasing population and for catering the demands, more particularly, drinking water, special attention is needed. State of Rajasthan is considered as a driest state in the country so far as water is concerned.

This court took cognizance of the aforesaid issue and decided the matter in the year 2004 after thorough examination and giving directions thereupon. It was expected of the State authorities to implement the directions issued by this court on earlier occasion, however, when news was published in leading news papers of the State of Rajasthan regarding Ramgarh Dam in Jaipur district, this court took suo motu cognizance of the matter and issued notices to the State Government.

History of Ramgarh Dam – The construction of Ramgarh dam was started on 30.12.1897 by the erstwhile ruler of Jaipur Maharaja Madhosingh. It took around 6 years to complete its construction. It was inaugurated some time in the year 1903 by the then Governor General of Rajputana Mr Crasthwest. The height of its walls were raised looking to inflow of water. In the year 1981 water level touched 64.5 feet which was the last height point of the aforesaid reservoir. It has catchment area of 2975 square miles having average rainfall of 19-22 inches. The dam was having irrigation area of 21.5 miles by canals apart from 139.5 miles by its tributaries. In the year 2003, the dam could not fetch sufficient water and the same story was repeated in the year 2004. It was in the year 2005 that water was not taken from the dam. In the year 1982, Pinkcity witnessed Rowing Event in Asian Games. The Ramgarh dam has survived since nearly last 100 years after its construction. It started getting less water flow after the year 1999, thus in the year 2003, water was taken through boring. What happened to a dam which was taking care of entire Jaipur city for last 100 years? It was not mystery, reasons were broadly focused by the leading news papers.

Taking note of alarming situation, this court took suo motu cognizance of the mater and issued notice to the State Government vide order dated 12.8.2011. It was with reference to all the issues focused in the news papers indicating reasons for premature death of Ramgarh dam. It was not due to natural disaster but on account of large scale inaction on the part of the State Government coupled with illegal acts of others. Learned Advocate General was asked to accept notice on behalf of the State Government so as to submit factual report and the matter was posted for 23.8.2011.

On 23.8.2011, this court passed detailed order on submission of a report prepared by the Water Resources Department, Jaipur with a detailed map prepared by the Geological Survey of India showing complete topography and picture of catchment area. Tala and Banganga rivers are main source of water along with its tributaries. It was source of irrigation till the year 1978. On getting initial details, this court took notice of the judgment of this court in the case of “Abdul Rehman versus State of Rajasthan”, DB Civil Writ Petition No.1536/2003, decided on 2.8.2004 at Principal Seat, Jodhpur with certain directions. The court broadly issued directions to remove encroachments and illegal constructions in the catchment areas. The Forest Department and Revenue Department were restrained to lease out or allow any construction or encroachment in catchment area of Ramgarh

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