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 preservation and ecological balance take precedence over administrative or developmental convenience.

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 limited issue that the land in question is admittedly recorded in the revenue entries and Jamabandi as ‘Gair Mumkin Nala’ being a natural water channel, and therefore, no construction or utilisation thereof for any purpose other than its recorded nature is legally permissible. It is submitted that the action of the respondents in constructing a road and permitting utilisation of the land for crematorium purposes is wholly contrary to law and violative of the constitutional mandate relating to environmental protection and preservation of natural resources.

2.1. In support of his submissions, learned counsel has placed reliance upon the judgment rendered by this Court in Abdul Rehman Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 1536/2003), decided on 02.08.2004, wherein this Court emphasised the constitutional obligation of the State and citizens alike to preserve ecological balance and protect natural resources including water bodies and catchment areas. The relevant portion whereof is reproduced hereunder:

"9. The problem of environmental pollution has been recognized as a Worldwide disaster. Development without regard to the ecological equilibrium has led to an environmental crisis. Urbanization, modernization and the race for technological and industrial development has caused the ecological imbalance. The Constitution (Forty Second Amendment) Act, 1976 has made it a fundamental duty of the State and citizens to protect and improve the environment.

10. Article 48 A of the Constitution provides that:

"The State shall endeavour to protect and improve the environment and lo safeguard the forests and wildlife of the country."

11. Article 51 A of the constitution provides that:

“To protect and improve the natural environment including forests, lakes, rivers and wild-life and to have compassion for living creatures."

12. Thus, the Constitutional provisions, on the one hand give directions to the State for the protection and on the other, cast a duty on every citizen to help the preservation of natural environment.

13. Article 21 of the Constitution of India guarantees every citizen of India, the right to life and personal liberty. The Apex Court has elevated the environmental concerns to the level of a fundamental right as falling under Article 21 of the constitution.

2.2 Learned counsel for the petitioner has placed reliance upon the order dated 12.01.2017 passed by this Hon’ble Court in the case of Gulab Kothari Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 1554/2004), wherein the doctrine of public trust and the imperative necessity of protecting natural resources such as rivers, lakes, nalas and catchment areas were reiterated in unequivocal terms. The relevant portion whereof is reproduced as hereunder:

"Conservation and preservatio