2023 Supreme(Raj) 165
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANINDRA MOHAN SHRIVASTAVA, KULDEEP MATHUR, JJ.
Gogram Sewa Sangh Rajasthan – Petitioner
Versus
State of Rajasthan – Respondent
D.B. Civil Writ Petition No. 6457 of 2022
Decided On : 14-03-2023
Advocate Appeared:
For the Petitioners: Moti Singh, Kshitij Vyas.
For the Respondents: Sandeep Shah, Akshiti Singhvi.
Point of law: There is always a scope for improvement in the existing system and water supply cannot be treated as the end of the duties and functions on the part of the authorities.
Headnote:
Constitution of India, 1950 - Management and maintenance - Cognizance of issue - affidavit and Apprise - In response to order passed by this Court respondents have filed more than one affidavit - He gist of these affidavits on relevant aspects of matte - There is always a scope for improvement in the existing system and water supply cannot be treated as the end of the duties and functions on the part of the authorities.
Finding of Court :
Petitioner is quite correct in submitting that there should be a proper developed system for uninterrupted water supply in all Gaushalas – This however would require State to frame proper plan and also to make available necessary funds - This needs to be examined by concerned authorities of State as to how a better system for supply of water to various eligible Gaushalas can be developed - Court would only say that there is always a scope for improvement in existing system and water supply cannot be treated as end of duties and functions on part of authorities.
Result: Petition Disposed off.
ORDER :
1. This public interest litigation is preferred by the petitioner, who claims to be a public spirited person to espouse the cause in the matter of better management and maintenance of Gaushalas operating in the State of Rajasthan.
2. The contents of the petition reveal that the issue mainly raised is with regard to providing appropriate funds to Gaushalas, development of necessary infrastructure, supply of water etc. The relief sought in the writ petition is as follows:
“(a) That by an appropriate writ direction the State of Rajasthan may kindly be directed to provide the assistance of food, grass and water to all the cattles of the state specially the cattle living with the 3000 goshalas within the State of Rajasthan, the respondents may also kindly be directed to release the immediate reliefs to the cattle and provide the grass/food (dry/green) looking to the disaster situation in the State of Rajasthan.
(b) That by an appropriate writ, direction and direction the State Government further directs to frame a scheme for proper disbursement of the grant of assistance to all the goshalas and agriculturist of the State of Rajasthan.
(c) That by an appropriate writ direction or order the State of Rajasthan may kindly be directed to declare the relief package looking to the situation of Disaster in the State for saving the life of the cattles (cows, calf, buffalos and other milk producer cattle) and the appropriate fund/goods may kindly be provide/arrange for saving the life cattle.
(d) That any other relief, which this Hon’ble Court deems fit, by which the petitioners may get full justice may also be allowed.”
3. Having taken cognizance of the issue raised in this petition, this Court directed the respondents-State to file their affidavit and apprise the Court regarding the schemes undertaken by the State to provide necessary financial assistance, development of infrastructure and various facilities including water supply system.
4. In response to the order passed by this Court, the respondents have filed more than one affidavit. From these affidavits, what we see is that the State has taken measures regarding developing and maintaining necessary eco-system for maintenance of various Gaushalas. Various facts and figures have been stated in the affidavits. The gist of these affidavits on relevant aspects of the matter can be summarized as below:
“(1) Rs. 625 Crores have been disbursed to the Gaushalas by way of grant in aid.
(2) Taking into consideration recent rising price of fodder, decision has been taken to provide grant to Goshalas from six months (180 days) to nine months (270 days).
(3) Use of animal fodder for making bricks and carboards have been prohibited by the State Government and vide letter dated 02.05.2022, all the District Collectors have been directed to implement the prohibitory directions.
(4) Directions have been issued to all the District Collectors to make purchase of sileage fodder which is more nutritious than regular fodder and is available at the price of Rs. 700 per quintal.
(5) Government has decided to establish fodder depot in the districts which are not hit by disaster situation in pursuance thereof, the District Collectors have been directed to allot Rs. 10 lakhs for the said purpose.
(6) In respect to the Tehsils which are located in the districts hit by disaster situation but not affected by drought, similar arrangements have been directed to be maintained.
(7) The Director, Gopalan Department vide letter dated 31.05.2022 wrote to all Joint Directors directing to provide one tanker of water, as directed earlier by this Court. Directions in this regard has also been issued by the Secretary, Gopalan Department on 08.07.2022 to all the District Collectors to ensure water supply as per the directions of this Court.
(8) Till 31.03.2022, a total of Rs. 2176 Crore 7 Lakhs have been spent on various schemes for the development of Gaushalas, Nandishalas, Biogas Schemes etc. In total, 2208 Gaushalas applied online