The central legal point established in the judgment is the obligation of all concerned, including the Government, to conserve and not waste natural resources, as well as the duty of concerned authorities to work sincerely for the conservation and maintenance of ponds, tanks, and lakes.

S.K. Gangele, J.

1. This writ petition has been registered on the basis of a post-card received in the Registry from one Rinkesh Goyal resident of Gandhi Chowk, Shivpuri. In the aforesaid postcard the writer has informed the Court about descending water level at Shivpuri and encroachments over land of lakes and tanks situated at district Shivpuri. Thereafter, this Court issued various interim orders in regard to the problem and the Respondents have generously cooperated with the Court and filed affidavits and also compliance reports.

2. It has been mentioned in the compliance report that there are 1069 tanks and lakes at Shivpuri district and only some parts of the land of the tanks and lakes of Shivpuri town there are encroachment and rest of the tanks and lakes are free from encroachment. The details and particulars of the ponds and tanks situated at Shivpuri city have also been mentioned.

3. On behalf of Secretary, Department of Revenue, Government of Madhya Pradesh, an affidavit has been filed. It is mentioned in the affidavit that under Section 251 of the M.P. Land Revenue Code 1959 tanks vest with the State Government and subsequently vide order dated 26-1-2001 the management of ponds/tanks have been handed over to Gram Sabha and in urban areas management of tanks and ponds have been handed over to local bodies viz. Nagar Panchayats vide orders dated 19-9-1994 and 26-1-2001.

4. Another compliance report has been filed on 15-2-2006 on behalf of Secretary, Department of Revenue. Along with the compliance report a copy of chart has been filed in regard to situation of tanks and ponds of all districts of State of Madhya Pradesh. As per the aforesaid chart there are encroachments over some ponds and tanks, however, those encroachments are not in alarming state. Independently, the Collector, district Morena has also filed compliance report mentioning the fact that the encroachments over tanks and ponds in the urban area as well as in rural areas have been removed and all the tanks and ponds are being properly conserved and maintained. The Collectors, districts Shivpuri and Vidisha, have also filed compliance reports mentioning same facts.

5. Learned Amicus Curiae, appointed by the Court, has submitted that due to improper conservation of tanks and ponds in the State the water level is going down. It has further been submitted by the learned Amicus Curiae that the situation of water level is at an alarming stage and hard steps have to be taken by the concerned Authorities and persons who are responsible for that in accordance with law to ensure proper conservation of ponds and lakes.

6. Learned Additional Advocate General has also supported the cause and submitted that the State has taken all steps to conserve and maintain the ponds and lakes in their original state. It has further been submitted that the State has further taken specific steps in order to improve ground level water and introduced various schemes in regard to conservation of water which is precious natural resource and one of the essential element for life at the planet.

7. The natural resources are assets of entire nation as well as planet. There is no dispute in regard to the fact that water is one of the essential resource necessary for existence of life on the earth. Hon'ble the Supreme Court in T.N. Godavarman Thirumulpad v. Union of India and Ors. (2006) 1 SCC 1 has specifically emphasized the need and it is the obligation of all the persons including Government to conserve and not waste these resources and observed as under:

Natural, resources are the assets of the entire nation. It is the obligation of all concerned, including the Union Government and State Governments to conserve and not waste these resources. Article 48-A of the Constitution requires that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Under Article 51-A, it is the duty of every citizen to protect and improve the na