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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
PUSHPENDRA SINGH BHATI, VINIT KUMAR MATHUR
Ramji Lal Saini S/o Shri Sonya Saini – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual basis and competing public claims over natural water channels. (Para 1 , 2 , 3 , 4 , 5) |
| 2. doctrine of public trust and state's duty to protect environmental resources. (Para 6 , 7 , 8 , 10) |
| 3. mandatory restoration of encroached natural water bodies regardless of public utility claims. (Para 9 , 11 , 12 , 13) |
ORDER :
1. The instant writ petition (PIL) has been preferred by the petitioner claiming the following reliefs :
"It is, therefore, respectfully submitted that your Lordships may be gracious enough to kindly allow this Public Interest Litigation:
I. to kindly issue a writ of mandamus or any other writ, order or direction in the nature thereof and thereby the respondents be directed to remove the construction of gravel road from gair mumkin Nala land bearing Khasra No. 717/444 rakba 2.03 bigha, situated at Village Khatwa, Tehsil Lalsot, District Dausa;
II. Any other appropriate writ, order or directions which is deemed just and proper by this Hon'ble Court may also be passed in favour of the petitioner;
III. Costs of the writ petition may also be allowed in favour of the petitioner."
2. Learned counsel for the petitioner has confined his submissions to the li
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 central legal point established in the judgment is the duty of the state to preserve natural resources, the application of public trust doctrine, intergenerational equity, and sustainable develop....
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....
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....
Point of law : water bodies cannot be alienated even if they are dry and cultivation carried on dried bed of water bodies does not denude land of its character as water bodies.
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