JUDGMENT 1. - This petition was entertained on a petition received from Parasmal Jeengar, Secretary, Jeengar Navyuvak Mandal, Khichan. It was pointed out that there is a natural water pond at village Khichan. Water stored therein is used as draining water in its catchment area through which water is received. The people are making encroachment over that area which is demarked as Abadi area which has endangered the natural reservoir. Along with this, it was also pointed out that in the catchment area the Gram Panchayat has allotted land free of cost. In addition to this apprehension was also disclosed that the land which has been identified as a cremation ground is likely to be encroached. A prayer was made for making suitable arrangement for the safeguard of the catchment area and maintenance of the reservoir in the area. Particular reference was made to the encroachment made in embankment of Khatriyo Ki Nadi. 2. Shri B.M. Bohra was appointed as Amicus Curiae and notices were issued to the parties. The matter came up for orders on 4.5.1998. The court noticed from the reply of the Collector that Khatri Nada suffers from want of proper upkeepment and looking after which has resulted in a broken boundary. Consequently it has become a dumping place of fifth and squalor. 3. The Court also noticed that allegation has been made against the Gram Panchayat of having made allotment in catchment area and grave yard. Yet they have not filed any reply in spite of service. Therefore, the Sub-Divisional Officer, Phalodi was directed to make an enquiry about allotment of catchment area and grave yard by Sarpanch in favour of few influential persons, either himself or through a subordinate officer whom he considers fit and proper, and submit his report within one month from that date as the Gram Panchayat, Khichan through its Sarpanch is conspicuously avoiding to put appearance before the Court even after due service. 4. As per the reply of the Collector, the facts situation about the use of land for graveyard and village pond emerges as under : Two Nadies are situated in khasras Nos. 186 and 188. 4. As per the reply of the Collector, the facts situation about the use of land for graveyard and village pond emerges as under : Two Nadies are situated in khasras Nos. 186 and 188. The water of the Nadies is used for drinking purpose by human beings as well as by kurja birds and the animals, just along these Nadis, there is situated khasra No. 146 comprising lands 233.18 bighas and khasra No. 189 comprising lands 79.18 bighas and the land is lying vacant and is mainly occupied by the kurja birds. Khasra No. 185 is adopted as Abadi land of the village. Apart from the aforesaid, 8 bighas of khasra No. 237 is recorded as gairmumkin graveyard and being used as graveyard. There is no dwelling unit adjacent in the land earmarked for the graveyard nor is there any unauthorised occupation over the said land. In Khasra No. 189 and 146 which is adjacent to the Nadies and catchment and according tot a reply, there is no construction over the land in question. 5. In pursuance of the direction issued by this Court on 4.5.1998, reply has been filed on behalf of the Sarpanch of Gram Panchayat Khichan, Panchayat Samiti, Phalodi as well as additional affidavit has been filed by Sub-Divisional Officer, Phalodi submitting the report required by the Court in its order. 6. A joint reading of two replies made somewhere in July 1998 reveals that towards north side of residential area on Nagaur road there are two Nadies and as per the revenue records they were Vijay Sagar in khasra No. 186 admeasuring 39.07 bighas and Ratri Nada in khasra No. 188 measuring 25.18 bighas. The catchment area of these nadies are khasra No. 146 measuring 233.18 bighas and khasra No. 189 measuring 79.18 bighas respectively. It has further been pointed out by the S.D.O. that in addition to these catchment areas of these two nadies the water flows to Ratri Nadi, through khasra No. 148 over a piece of land measuring 10 bighas It has been submitted in the additional affidavit that though khasras No. 238 has been entered in the record at the time the settlement as Badi, for 10 bighas of catchment land, a recommendation has been made for declaring the said 10 bighas of land as catchment area for Ratri Nadi situated in khasra No. 188. From the document produced along with its additional affidavit, an order of District Collector, Jodhpur dated 8/9.7.1998 has also been produced declaring the 10 bighas land of khasra No. 238 as agor (catchment area) which is to he identified and demarcated by the Tehsildar. 7. However, presently the learned counsel for the parties are not in a position to state whether the said order has been carried out or not. 8. It is also stated that in the said 10 bighas of land there does not exist any construction and two residential colonies viz. Babu Ram Deo Colony and Rikh Bhuradas Colony, which have come in existence in khasra No. 239 but 10 according to the report there is no construction over the catchment area of both the Nadies in question : and directions have been issued to Gram Panchayat for constructing embankment on the boundaries of catchment area. However, learned counsel for the parties are still not in a position to inform the Court whether this step has been carried out to protect the 15 catchment area. 9. In respect of Khatri Nada situated in khasra No. 145 of village Khichan, it was already noticed by the Court that it is neglected reservoir of which proper upkeepment and repairs have not been looked after. Its embankment has been broken and squalor is being dumped. In addition there of, as per the report of the S.D.O., it was found that Shri Kapoor Chand is residing illegally on the land 25'x20' of Khatri Nada and report under section 447 IPC has been lodged as per the direction of this Court. However, the report does not inform the Court whether in spite of having come to know about illegal encroachment on the land forming part of Khatri Nada, any action has been taken to remove the area in question, which otherwise is statutory obligation of the Revenue Authorities, and they are vested with statutory power to take action in that regard. 10. In respect of Khatri Nada it has also been submitted that on an estimated cost of repairs has been prepared at Rs. 3,66.000/-. It has also been pointed out that water collected in Khatri Nada is used for printing of textiles and not as drinking water for village. 10. In respect of Khatri Nada it has also been submitted that on an estimated cost of repairs has been prepared at Rs. 3,66.000/-. It has also been pointed out that water collected in Khatri Nada is used for printing of textiles and not as drinking water for village. About the graveyard the report of S.D.O. confers the reply submitted by the Collector that the land being khasra No. 237 is recovered as graveyard and there is no encroachment or allotment of patta by Gram Panchayat in respect of that land and it is still being used for that purpose. 11. We also notice that Gram Panchayat in its reply has categorically stated as under : "The Gram Panchayat is taking every necessary steps to preserve these Nadies. The Gram Panchayat has not allotted a single lot in the catchment area of Vijaysagar and Ratri Nadies and the Gram Panchayat will also not allot any residential plots in the catchment of these Nadies." 12. In the above facts and circumstances since assurance about taking corrective measures as has been stated in two replies has been made those assurances have become reality but have not been placed on record, and therefore, we direct the Collector, Jodhpur and S.D.O. Phalodi to make a report within three weeks to this Court on the following aspects : (i) Whether the order dated 8/4:7.1998 declaring 10 bighas of khasra No. 238, village Khichan as Angor catchment or has been implemented by physical demarcation on site and its entering the land record as such? (ii) Whether the directions for constructing and repairing the embankment of Vijay Sagar Nadi and Fiatri Nadi have keen carried cut? (iii) What progress has followed about the : (a) recommendation made for financial sanction of estimated cost of constructing embankment of Khatri Nadi and its cleansing ? (b) Whether any work has taken place to restore Khatri Nadi as viable resource of potable water? (iv) What steps have been taken by the respondents to remove the encroachment over the land by constructing residential quarters in the land occupied by Khatri Nadi (v) We further direct the respondents to get the water stored in Khatri Nadi chemically examined about its utility as potable water and if it is found to be not potable the amount of contaminants which exist in the water stored in the Khatri Nadi? 13. 13. For carrying out this direction. notices be issued to the Public Health Engineering Department, Jodhpur. 14. The case may be listed for orders on 7.7 2003. Meanwhile, the necessary reports about action taken in respect of the aforesaid directions be placed on record by respective parties. *******