IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Anoop Kumar Dhand, J.
IN RE: SAVE THE RIVERS, LAKES & WATER BODIES FROM ILLEGAL CONSTRUCTIONS AND ENCROACHMENTS.
Decided On : 24-10-2024
(A) Constitution of India - Article 21 - Water (Prevention and Control of Pollution) Act, 1974 - Environment (Protection) Act, 1986 - The court emphasizes the critical importance of water as a natural resource essential for life, highlighting the urgent need for conservation and sustainable management of water bodies. The doctrine of public trust mandates that the government holds natural resources in trust for public use, ensuring their protection for future generations. The court directs the formation of committees to monitor and enforce water conservation measures and address illegal encroachments on water bodies. (Paras 13, 14, 29, 31)
(B) Environmental Protection - The court underscores the responsibility of government authorities to act decisively against illegal constructions and encroachments affecting rivers and water bodies, emphasizing the need for strict enforcement of existing laws and regulations to safeguard these vital ecosystems. (Paras 20, 22, 24, 30)
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 trapped in glaciers, making it largely inaccessible for human use. This underscores the urgent need for everyone to reduce water wastage and conserve this precious resource for future generations.
4. Rivers and water bodies, which grace our planet, play a vital role in shaping and sustaining life as we know it. From ancient civilizations to modern society, humanity has depended on these majestic waterways for survival, development, and prosperity. The significance of rivers and water bodies in our lives is immense, influencing everything from climate regulation and food production to trade and transportation. These vast water bodies are fundamental to the existence of animals, plants, and humans alike, forming the very backbone of life on Earth.
5. While rivers constitute only a small portion of the earth’s total water volume, they are distributed in harmony with different geographical features and climates across the world. Rivers are vital sources of irrigation, agriculture, drinking water and energy production.
6. Rivers also have any environmental regulatory function. Rivers near cities and agricultural areas play a role in regulating local climates through their water-carrying capacity and flood prevention effects. Additionally, surface water evaporation from rivers can influence local humidity and precipitation levels.
7. Rivers contribute to food production by providing irrigation water to the surrounding agricultural lands. Agriculture plays a vital role in feeding the world’s population, and river banks often support fertile soil for agricultural purposes.
8. Water bodies and rivers are vital water resources as the heart of our lives. These vast water bodies play critical roles in climate regulation, food production, transportation and cultural. However, environmental threats and human activities pose challenges to these essential water sources. Thus, sustainable water resource management and conservation are of utmost importance for the well-being of our planet and future generations. While rivers comprise only a small fraction of the Earth's total water volume, they are intricately woven into the fabric of diverse geographical features and climates worldwide. These waterways serve as vital sources for irrigation, agriculture, drinking water, and energy production.
9. Moreover, rivers play a crucial role in environmental regulation. Those located near urban areas and agricultural lands help modulate local climates through their capacity to manage water flow and mitigate flooding. The evaporation of surface water from rivers also contributes to local humidity and precipitation patterns, further influencing the environment.
10. Rivers significantly enhance food production by supplying irrigation water to adjacent agricultural fields. As agriculture is ess
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 is constitutionally and legally obligated to preserve natural water channels under the public trust doctrine. Such land cannot be diverted for public utility purposes, as environmental pres....
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....
Natural wetlands cannot be encroached or replaced by artificial ones; revenue-recorded ponds must be restored despite constructions, with time for relocation to protect students; locus not barred by ....
The main legal point established in the judgment is that the court's decision was influenced by the legal provisions of Section 16 of the Rajasthan Tenancy Act 1955 and the directions issued in previ....
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