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2024 Supreme(Online)(RAJ) 27630

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
SUO MOTU- IN THE MATTER OF SAVE THE RIVERS LAKES AND WATER BODIES – Appellant
Versus
UNION OF INDIA – Respondent
CW / 16799 / 2024



The government has a duty to protect natural resources under the public trust doctrine, ensuring their conservation for public use and preventing illegal encroachments.

Headnote:(A) Article 21 of the Constitution of India - Water (Prevention and Control of Pollution) Act, 1974 - Environment (Protection) Act, 1986 - The court emphasizes the critical importance of water as a natural resource and the necessity for its conservation and protection. It highlights the doctrine of public trust, asserting that the government holds natural resources in trust for public use and must prevent illegal encroachments. (Paras 13, 14, 29)

(B) Public Trust Doctrine - The court reiterates that the government has a duty to protect common properties like rivers and lakes for public benefit, not private ownership. (Paras 13, 14)

(C) Urgent Action Required - The court stresses the need for immediate action against illegal constructions and encroachments on water bodies to safeguard future generations. (Paras 25, 26)

(D) Regulatory Oversight - The court criticizes the lack of effective action by statutory authorities in protecting water bodies and calls for stricter enforcement of existing laws. (Paras 15, 20, 21) (E) Directions Issued - The court issues directives for the establishment of committees to monitor water conservation efforts and prevent encroachments. (Paras 31, 32)

Table of Content
1. our forefathers saw water (Para 25)
2. now is the time to act (Para 26 , 27 , 28)
3. illegal constructions and encroachments (Para 29)
4. taking a serious note of the situation (Para 30)
5. issue show cause notice (Para 31 , 32 , 33 , 34 , 35)

ORDER

24.10.2024

REPORTABLE

By the Court:

1. Water is an invaluable and precious natural resource essential for the survival of all living beings. We cannot imagine life without water. Let it be animals, plants, they require water to complete their daily metabolic activity. Plants require water to synthesis their food from the process of photosynthesis. A living being can live without food for some days but cannot even imagine surviving without water, even plants became dry and shed their leaves without water.

2. Water is one of the natural resources, which is found in an adequate amount. It is an essential source for the existence of life on the planet earth. It is widely used for various purposes such as drinking, washing, bathing, cleaning, cooking, irrigation and other industrial and domestic uses.

3. The sources of water are diverse, including rainwater, groundwater—found in wells and springs—and surface water, which encompasses reservoirs, streams, ponds, lakes, tanks, and rivers. Although approximately 97% of the Earth’s surface is covered in water, only about 2-3% is safe and suitable for drinking. The majority of the remaining water is saline, while two- thirds of the planet's freshwater is trapped in glaciers, making it largely inaccessible for human use. This underscores the urgent need for everyone to reduce water wastage and conserve this precious resource for future generations.

4. Rivers and water bodies, which grace our planet, play a vital role in shaping and sustaining life as we know it. From ancient civilizations to modern society, humanity has depended on these majestic waterways for survival, development, and prosperity. The significance of rivers and water bodies in our lives is immense, influencing everything from climate regulation and food production to trade and transportation. These vast water bodies are fundamental to the existence of animals, plants, and humans alike, forming the very backbone of life on Earth.

5. While rivers constitute only a small portion of the earth’s total water volume, they are distributed in harmony with different geographical features and climates across the world. Rivers are vital sources of irrigation, agriculture, drinking water and energy production.

6. Rivers also have any environmental regulatory function. Rivers near cities and agricultural areas play a role in regulating local climates through their water-carrying capacity and flood prevention effects. Additionally, surface water evaporation from rivers can influence local humidity and precipitation levels.

7. Rivers contribute to food production by providing irrigation water to the surrounding agricultural lands. Agriculture plays a vital role in feeding the world’s population, and river banks often support fertile soil for agricultural purposes.

8. Water bodies and rivers are vital water resources as the heart of our lives. These vast water bodies play critical roles in climate regulation, food production, transportation and cultural. However, environmental threats and human activities pose challenges to these essential water sources. Thus, sustainable water resource management and conservation are of utmost importance for the well-being of our planet and future generations.While rivers comprise only a small fraction of the Earth's total water volume, they are intricately woven into the fabric of diverse geographical features and climates worldwide. These waterways serve as vital sources for irrigation, agriculture, drinking water, and energy production.

9. Moreover, rivers play a crucial role in environmental regulation. Those located near urban areas and agricultural lands help modulate local climates through their capacity to manage water flow and mitigate flooding.

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