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ANOOP KUMAR DHAND
IN RE: SAVE THE RIVERS, LAKES & WATER BODIES FROM ILLEGAL CONSTRUCTIONS AND ENCROACHMENTS – Appellant
Versus
. – Respondent
ORDER :
By the Court:
1. Water is an invaluable and precious natural resource essential for the survival of all living beings. We cannot imagine life without water. Let it be animals, plants, they require water to complete their daily metabolic activity. Plants require water to synthesis their food from the process of photosynthesis. A living being can live without food for some days but cannot even imagine surviving without water, even plants became dry and shed their leaves without water.
2. Water is one of the natural resources, which is found in an adequate amount. It is an essential source for the existence of life on the planet earth. It is widely used for various purposes such as drinking, washing, bathing, cleaning, cooking, irrigation and other industrial and domestic uses.
3. The sources of water are diverse, including rainwater, groundwater—found in wells and springs—and surface water, which encompasses reservoirs, streams, ponds, lakes, tanks, and rivers. Although approximately 97% of the Earth’s surface is covered in water, only about 2-3% is safe and suitable for drinking. The majority of the remaining water is saline, while two-thirds of the planet's freshwater is trappe
The government has a duty to protect natural resources under the public trust doctrine, ensuring sustainable management and conservation for future generations.
Encroachment and pollution of water bodies invoke obligations under environmental protection laws, emphasizing the state's role as trustee for public resources and the need for effective restoration ....
The main legal point established in the judgment is the duty of the State and citizens to protect and improve the environment, as enshrined in constitutional provisions such as Article 21, Article 48....
The State has a constitutional duty to protect natural resources, and encroachments on public land must be removed to ensure environmental protection and community rights.
De-silting the tank does not amount to changing the physical features of the water body known as “Koneru” situated at Sy.No.697 in Rayachoti town, YSR Kadapa District, to violate constitutional oblig....
The removal of encroachment on land recorded as 'Nadi' land and the restoration of natural resources is essential, as emphasized by Section 16 of the Rajasthan Tenancy Act 1955 and previous court ord....
The State must follow due process and cannot arbitrarily demolish legal residential properties without proper notices and adherence to established laws.
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