Public Interest Litigation must be pursued in genuine public interest, not personal motives; misuse thereof may lead to dismissal with costs.

ORDER :

1. Heard.

2. The matter comes upon for consideration of IA NO.2/25 for recalling/modification of the order dated 19.08.2025.

3. This Court vide order dated 19.08.2025 has passed the following directions :

“Mr. Vishwajeet Singh, Sub Divisional Magistrate, Distt.

Baran, is present before this Court today and informed that he has been appointed as Officer In-charge in the matter only on 19.08.2025. He may file a reply but we direct him to also take steps and conduct an inquiry as to how much encroachment has been done on the river banks and what steps are being taken to remove them.

Notice(s) be issued to the encroachers and the encroachments may be removed. If required, the S.D.M may take full police assistance for the said purpose. It is made clear that at least 20 meters from river banks should be left free without there being any construction, so that there is proper safety of the dwellers.

A report in this regard shall be filed within a period of four weeks. Personal appearance of the Officer In-charge in future, is exempted.

List the matter after four weeks.”

4. Later on, this Court on 07.10.2025 has issued following directions:-

“10. It is informed that as per the Rajasthan Township Policy,2024, Clause 3.6, Note (ii), in case a River/Nala is to be channelized, buffer shall be kept as per development plan or minimum of 9 meters whichever is more.

11. In the present case, we have directed for keeping the buffer zone of 20 meters, taking into consideration the flow of the river, we deem it appropriate to continue the buffer zone of 20 meters, as appropriate, for the safety of public at large.”

5. Counsel for the respondents submitted that they are rightful owners of the land situated at Khasra No.1783 and 1782 having valid title deeds issued by the Nagar Palika, Baran in their favour. Counsel for the respondents further submits that so far as the encroachments upon the catchment area is concerned, the same has already been removed by demolishing the shops.

6. Counsel for the respondents has prayed for clarification with regard to the directions issued by this Court for maintaining buffer zone of 20 meters.

7. While drawing attention of this Court to the Rajasthan Township Policy, 2024, Clause 3.6, Note (ii), which provides that in case a River/Nala is to be channelized, buffer shall be kept as per the development plan or minimum of 09 meters whichever is more, counsel for the respondents submitted that the direction with regard to maintaining of a buffer zone of 20 meters shall be clarified while specifying the size of the buffer zone on both the sides of Nala/River. For ready reference Clause 3.6 of the Rajasthan Township Policy, 2024 is quoted herein below:

“3.6 Provisions for Buffer along Water-bodies Buffer along water bodies, which are not notified under any Act/ statute/Master plan/ Zonal Plan, is proposed to be kept as per following provisions:

a) Minimum 30 m from HFL or revenue boundary of rivers whichever is higher. (HFL of river shall be fixed as certified by the Irrigation Department).

b) Minimum 30 m from the FTL boundary of Lakes/ Tanks of area 10 ha. And above.

c) Minimum 12 m from FTL boundary of Lakes/ Tanks of area 5ha. To 10 ha.

d) Minimum 9 m from FTL boundary of Lakes/ Tanks of area less than 5 ha;

e) Minimum 9 m from the defined boundary of Canal/Nala/Storm Water Drain of width more than 10 m.

f) Minimum 6 m from the defined boundary of Canal/ Nala/ small water bodies/ Storm Water Drain of width up to 10 m.

g) Minimum 6 m along all sides from t