ORDER

1. The Rajasthan Gazette Extraordinary published by Public Works Department, Rajasthan on 06.07.2020 notified the route of the proposed Bhawi-Pipar-Khinwar State Highway 86C running through Gram Gajsinghpur, Mangeriya, Bhopalgarh, Bagoriya, Rathkudiya Tehsil Bhopalgarh Zila Jodhpur which if allowed to proceed would be constructed on the catchment area (Aagor) of the Modi-Naadi encroaching Khasra No. 761 which is said to be catchment area of pond/water body.

2. The Present application has been filed by the applicant being aggrieved by the proposed construction of the Bhawi-Pipar-Khinwsar State Highway 86-C which if allowed to be constructed would be constructed on the Aagor, i.e. catchment area of the Modi Naadi located at Village Mangeriya, Jodhpur which is the only source of drinking water for the residents of the village and nearby areas. No construction or development activity can be done in the catchment area of any lake or reservoir as per rulings of the Supreme Courts and High Courts. The water tank has been situated in the manner that the rain water collected and stored in the tank and during heavy rains, the water gets accumulated in the catchment area (Aagor) as well. The Naadi is more than 500 years old in existence and has been the primary source of water not only for the 4000 residents of the village but also for nearby villagers, their livestocks, birds and wild animals like neelgai, deer, fox, hyena, wolves and rabbits who have been visiting the area at night to quench their thirst since time immemorial. The proposed construction of the highway would adversely affect the ecosystem and the overall ecology of the area as also it will directly affect the drainage channels through which the pond is recharged annually by rain water which will lead to drying up of the pond and subsequent scarcity of drinking water for the villagers. In view of this, causing harm or depletion of such a valuable water resource would be choking oneself deathand prayed to issue direction to immediately restrain the Respondents to proceed with the proposed construction of the State-Highway 86C going through the catchment area of the Modi-Naadi and to direct the respondent authorities to cancel or modify the Gazettee Notification published as on 06.07.2020 and to ensure that the Water Body and its catchment area is adequately protected, preserved and maintained.

3. Section 3 of the Environment (Protection) Act, 1986 empowers the Central Government to take all such measures for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. One of the measures provided in Section 3 (2) (v) is restriction of areas in which any industries, operations or processes or class of industries shall not be carried out or shall be carried out subject to certain safeguards. The Environment (Protection) Rules, 1986 were made in exercise of power conferred by Sections 6 and 25 of the Environment (Protection) Act, 1986. According to Rule 5, the Central Government may prohibit or restrict the location of industries and the carrying on of processes and operations in different areas. In exercise of the power conferred on the Central Government by Sub-Clause (i) and Clause (v) of Sub-Section (2) of Section 3 of the Environment (Protection) Act, 1986 read with Clause (b) of Sub rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, the Ministry of Environment and Forests, Government of India issued a Notification on 14.09.2006 directing construction of new projects or activities or the expansion or modernization of existing projects or activities listed under the Schedule to the Notification shall be undertaken only after prior environmental clearance from the Central Government or the State Level Environment Impact Assessment Authority.

4. Clause 2 of the said Notification provides that new projects or expansion and modernization of existing projects listed under the Schedule to