The State's fiduciary duty as a trustee under the Public Trust Doctrine mandates the protection and restoration of water bodies for public use.

ORDER

1. Grievance in this application is against failure to maintain village ponds in the State of Punjab. The applicant has stated that there were 15,000 ponds in Punjab out of which only 11000 ponds remain and remaining have been encroached. Reference has been made to the observations on significance of ponds for the environment in the judgment of the Hon’ble Supreme Court in Jitendra Singh vs. Ministry of Environment & Ors. (2020) 1 SCC 167 It is stated that the ponds are in miserable conditions and need restoration. The applicant has annexed photographs of four ponds in Village Nadampur, Block Bhawanigarh, Sangrur, Village Ralla, District Mansa, Village Dod, Tehsil Jaitu, District Faridkot and Village Kamarewala, Tehsil Jalalabad, District Ferozpur. The applicant has referred to ‘Sant Seechowal Model’ which has been experimented in villages Seechewal and Sultanpur Lodhi. The model contemplates the following steps:-

“1. The water from the village sewerage system is collected in a pond.

2. A filter-mash is used to remove objects floating on the surface of water.

3. Then the polluted water is taken into three separate wells. In the first well the silt from the sewerage is removed. In the second well, the fats, oil and ghee are taken away.

4. The third well conveys the thus cleaned water into the main pond.

5. The water collected in the pond is cleaned with sun rays

6. On the banks of the pond, on opposite side of the three wells, a motor pump is installed to lift the treated water to send it to fields for irrigation.

7. Plantation around treatment plant.”

2. Further averment in the application is that to prevent discharge of effluents in the ponds, sewage treatment plants need to be setup in villages on the model of plants in following villages:-

(i) Village Lohara, Tehsil Dharamkot, District Moga.

(ii) Village Dhaipai, District Ludhiana.

(iii) Village Seeechewal, District Jalandhar.

3. We find the application to be in the nature of suggestions for consideration of the concerned authorities. While protection and restoration of water bodies is unquestioned need for the environment, which particular model can suit which place is a matter for the concerned authorities, in accordance with law and norms.

4. The matter of restoration of ponds/ water bodies in the Country has been extensively dealt with by this Tribunal vide order dated 18.11.2020 in O.A. No. 325/2015, Lt. Col. Sarvadaman Singh Oberoi v. UOI & Ors. Relevant extracts from the said order are as follows:-

“1to15….xxx……………………………xxx…………………….……xxx

16. We find that the steps taken so far can hardly be held to be adequate. As already noted, protection of water bodies serves great public purpose and is essential for protection of the environment. It helps not only aesthetics but also water availability, aquatic life, micro climate, recharge of ground water and maintaining e-flow of the rivers. Under the Public Trust Doctrine, the State has to act as trustee of the water bodies to protect them for the public use and enjoyment for current and future generations. We may note the observations of the Hon’ble Supreme Court on the subject which are as follows:

i. State of T.N. v. Hind Stone , (1981) 2 SCC 205, at page 212:

“6. Rivers, Forests, 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. It is in the interest of mankind. It is in the interest of the nation.”

ii. Hinch Lal Tiwari v. Kamala Devi , (2001) 6 SCC 496, at page 500:

“13. It is important to notice that the material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature’s bounty. They maintain delicate ecological b