Advocates:
['S D SHARMA', '', 'MUNINDRA SINGH', 'RAJESH MOONDIA', '', 'V K SHARMA', 'SUSHIL SHARMA', 'SANCHIT TAMRA', 'S N KUMAWAT AAG', 'DINESH YADAV', 'ALANKRITA SHARMA', 'AKHIL SIMLOTE']

1

THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH JAIPUR

1.

D.B.Civil Writ (PIL) Petition No.6039/2011

Prof.K.P.Sharma

V/s

State of Rajasthan & ors.

2.

D.B.Civil Writ Petition (PIL) No.5039/2010

Dharohar Bachao Samiti V/s State of Rajasthan

Rajasthan

& ors.

Reportable 3.

D.B.Civil Writ Petition (PIL) No.4860/2010

Heritage Preservation Society V/s State of Raj.

Rajasthan & anr.

& ors.

Date when the Order

was reserved

::-

1.5.2012

Date of pronouncement

of Order

::-

17.5.2012

PRESENT

HON’BLE THE CHIEF JUSTICE MR.ARUN MISHRA

HON’BLE MR.JUSTICE MAHESH BHAGWATI

Mr.Aruneshwar Gupta

)

Mr.Rajendra Prasad

)-for petitioners.

Mr.A.K.Jain

)

Mr.G.S.Bapna,Sr.Advocate

)

Advocate General with Mr.S.Jain

)

)

Mr.R.N.Mathur, Sr.Advocate

)

with Mr.Sanchit Tamra

)

)

Mr.K.K.Sharma, Sr.Advocate

)

with Ms.Alankrita Sharma

)-for respondents.

)

Mr.A.K.Sharma, Sr.Advocate

)

with Mr.Anurag Sharma

)

)

Mr.S.N.Kumawat,Addl.Advocate General)

Mr.Akhil Simlote

)

Mr.S.S.Hora

)

ORDER

BY THE COURT (Per Hon'ble Arun Mishra, CJ)

2

The writ petitions have been filed in the public

interest to quash Jal Mahal Tourism Project and

cancel Mansagar Lake Precinct Lease Agreement dated

22^nd November, 2005 giving 100 acres of land on lease

for a period of 99 years to respondent no.7-Jal Mahal

Resorts Private Limited and Jal Mahal Leave & License

Agreement dated 22^nd November, 2005. In Writ Petition

No.6039/2011, prayers have also been made to quash the

approvals and clearances contained in the orders dated

16.9.2009 and 22.9.2009 and to direct the respondent

no.7-Jal Mahal Resorts Pvt. Ltd. to restore the

original position of 100 acres of land by removing the

soil filled-in by it at its own cost and to hand over

the possession to the Municipal Corporation, Jaipur; to

immediately remove all sedimentation and settling tanks

from the Mansagar Lake basin at its own costs; to

restore position of Nagtalai and Brahampuri Nalah

(Drains) to their original position as realigned by

RUIDP under Mansagar Lake Restoration Plan. Prayer has

also been made to direct the respondents-authorities to

monitor and maintain the Mansagar Lake in its full

original length, breadth and depth and to take

appropriate action against all those responsible for

execution of the contract for transfer of 100 acre land

in favour of RTDC as well as the respondent no.7-Jal

Mahal Resorts Pvt. Ltd. and for permitting the

respondent no.7 to excavate the soil of the Mansagar

Lake, construct sedimentation and settling tanks in the

lake basin and filling in and compacting of 100 acres

land area of the lake basin and realignment of the

drainage of Nagtalai and Brahampuri Nalah. Prayer has

also been made that compensatory fine as determined by

3

this Court may be imposed for causing damage to the

Mansagar Lake area and environment. In Writ Petition

NO.5039/2010, prayers have also been made to remove all

encroachments made in the catchment area of Mansagar

Lake; discharge of sewage in the Mansagar Lake be

stopped; people be allowed to go to their religious

places Bhairav Mandir, Mazar etc. situated near Jal

Mahal without any obstruction.

Facts are being narrated from Writ Petition

No.6039/2011 Prof.K.P.Sharma V/s State of Rajasthan &

ors. It is averred that the petitioner is involved in

the research with regard to Mansagar Lake and has

published a paper which was read in the 12^th World Lake

Conference (TAAL 2007) and the same has been filed as

Annex.1 to the petition and another research paper

Annex.3 has also been filed. It is submitted that

Mansagar Lake is a large lake on the northern fringe of

Jaipur City. The maximum level of the lake is at 99.0m

contour at which volume of water is 3136569.75 MCM. The

lake glory as a pristine water body lasted until the

former rulers had their control over the city and

unpleasant h