JUDGMENT

1. This application has been filed with prayer that a direction may be issued to respondents to remove the installation of the heavy/high rise Electrical Pole for transmission of the high power/ voltage 220 K.V/66 K.V/33 K.V/11 Electricity line over the ecologically sensitive zone/ Green belt i.e. Jalasaya/ common water bodies/ Meghpar-2 Minor Irrigation Dam (water reservoir).

2. In brief, submission made by the applicant in this application, is that private respondent No.13 - The Manager, Kintech Synergy Pvt. Ltd has installed high capacity/ rise/ heavy electrical pole for transmission of the high power voltage 220 K.v/66 K.V/33 K.V/33 K.V/11 KV electricity line in the Meghpar-2 minor irrigation dam (water reservoir) at the village Meghpar of Lokhpat Taluka in Kachchh District of the State of Gujarat. The electrical poles were installed in the water stream in the basin area, which obstructed the flow of the water. This installation has been done in two small streams of the catchment area of the water reservoir without the necessary permission from the competent authority. The applicant had objected to this illegal act by making representation before different State Authorities on various dates mentioned in para 3 of the application.

3. Further, it is mentioned that Deputy Executive Engineer, Kaila Irrigation Sub-Division, Nakhatrana-Kachchh instructed respondent No.13 to remove the electrical poles and also directed to change the site for the protection of the water reservoir. The Executive Engineer, Panchayat Irrigation Division, Bhuj-Kachchh also imposed certain conditions as per letter dated 05.06.2021 against respondent No.13, but, without fulfilling the stipulated conditions, respondent No.13 forcibly started the installation of heavy electrical pole violating the norms and conditions. It is a settled principle that the Environmental Impact Assessment is required to be made prior to commencement of any project, in the premises/ surroundings of Green Belt/ Ecological Sensitive Zone/ Water Body etc. However, in the case in hand, respondent No.13 failed to make an Environmental Impact Assessment prior to the commencement of the alleged project. Due to the transmission of high power electricity line in the premises of the water reservoir, flora and fauna of the local area in question will be affected adversely. From the material available on record, it is apparent that the Project Proponent – respondent No.13 violated Wetlands (Conservation and Management) Rules, 2010, and amendments made thereunder. Respondent No.13 failed to obtain permission from the Wetlands Conservation Authority prior to the installation of the heavy electrical poles. It was mandatory to obtain Environmental Clearances/ Consent to Establish and other Statutory Clearances from the SEIAA/ SPCB Gujarat, respectively. Hence the Project Proponent – respondent No.13 is liable to remove the alleged electrical equipment/ structures. The copies of the letter/ correspondence of the Government officials as well as information obtained by the applicant under the RTI Act,2005 are annexed as annexure-A/2 series (Colly).

4. The applicant has also placed reliance on several case laws that have been cited in the application itself such as State of Tamil Nadu V. Hind Stone, (1981) 2 SCC 205; T. N. Godavarman Thirumulpad v. Union of India, (2002) 10 SCC 606, etc. in order to bring out before this Tribunal the position of law that river, forest, minerals and such other resources constitute a nation’s natural wealth. These resources are not to be frittered away and exhausted by any one generation. Every generation owes a duty to all succeeding generations to develop and conserve the natural resources of the nation in the best possible way. The State is a trustee of all natural resources that are meant for public use and enjoyment and being a trustee, the State is under a legal duty to protect the natural resources.

5. It is further stated that the kind of illegal con