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2005 DIGILAW 2408 (RAJ)

Ajay Rastogi v. Surendra Sharma

2005-09-09

S.K.KESHOTE

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Judgment S.K. Keshote, J.-On the subject “Grave Water Scarcity Situation in Jaipur/Rajasthan” Shri Surendra Sharma, retired IPS Officer and KK Kotia, retired IFS Officer, sent a letter to the Court, which reads as under, “In April 2003 United Nations organized a conference of World Water Forum at Kyoto, Japan. Delegates from all over the world attended this conference. It was convened to discuss and consider the grave drinking water problem that threatens the humanity world over today. By gravity of the problem, India was ranked almost at the bottom of the list of countries in the World. And, in India, Rajasthan is the worst hit. Thus, we are almost most hard hit regions in world. Water problem in Rajasthan, in Jaipur and in other urban centers has been well chronicled and requires no elaboration. Top policy makers and top implementers are fully aware of the problem as evidence from warnings and statements issued from time to time. Press is also well focused on this problem. Jaipur may exhaust all its underground water soon. Even now chemicals in Jaipur water are at dangerous levels. In C-Scheme in many areas tea cannot be prepared because of the presence of chemicals. In short Jaipur (and Rajasthan) face crisis of unprecedented proportions - a challenge that may take ugly form. A person was killed in Bhopal over drinking water. Similar or even worse scenario may take place in Rajasthan. One shudders at the very thought of this scenario unfolding in the near future. Huge sums of money is being spent by the Government to save Jaipur from this certain disaster. But, it is difficult to visualize how the Government will make available the water to nearly three million people when water is simply not available anywhere on a long, suitable basis. Putting the problem under the carpet now will bring it back with greater fury tomorrow. Since, we cannot produce water we must conserve it however discomforting this may be. Choice is between perishing and surviving on a permanent basis. Reference be here made to several visits to Israel by the then Chief Minister and top bureaucrats to study water management system, there with a view to adopt and adapt some of them to the needs of Rajasthan visits were undertaken with great fanfare. Did we learn some lessons there? Choice is between perishing and surviving on a permanent basis. Reference be here made to several visits to Israel by the then Chief Minister and top bureaucrats to study water management system, there with a view to adopt and adapt some of them to the needs of Rajasthan visits were undertaken with great fanfare. Did we learn some lessons there? No. Remember when the Prime Minister of Israel, came to India several years ago he made a statement that in Israel they use water as eye drops and keep account of each drop of water. The petitioner is eyewitness to some thing that happened in UK in the year 1976 England is country where it rains almost all the year round. That year the rains failed for about 4/5 months. This was taken as a crisis. Government issued an appeal to people to conserve water and suggested some steps to do so. They asked people to stop watering their lawns (for a people, who love their lawns so much). What followed was amazing. Buckingham Palace lawns dried up. There was dust now in St. James Park in London. People followed suit without exception. They got over the crisis. Our crisis is much worse. Famine condition for 4/5 years has made the situation extremely grave and urgent. Today the Civil Lines area (with Raj Bhawan and Chief Ministers Bungalows) consume water that would be sufficient to supply drinking water needs of say 2 lac people. It is like snatching water from a childs hand and pouring it in the lawns. Our concern to conserve water is reflected in developing big Central Park on Prithviraj Road in Jaipur. Many many trees were cut and underground water is now being consumed mercilessly to keep it green. It is an extremely disturbing scenario. It appears that the administration will not rise upto this challenge beyond lip service. Heavily funded projects cannot resolve the problem on long term sustainable basis. One answer is to conserve each drop of water by all with example set by the top leadership and the Governor. This is possible as the experience shows only through directives issued by the Honble High Court, to do the following:- 1. Stopmaintenance of lawns in Raj Bhawan, CMs bungalow and Ministers/Officers bungalows and in all Government premises. 2. Stop watering of lawns by individuals. 3. This is possible as the experience shows only through directives issued by the Honble High Court, to do the following:- 1. Stopmaintenance of lawns in Raj Bhawan, CMs bungalow and Ministers/Officers bungalows and in all Government premises. 2. Stop watering of lawns by individuals. 3. Wind up the Central Park on Prithviraj Road, a tribute to our insensitive mode of planning. 4. Register all tube wells in Jaipur and fit measuring devices for water consumed. 5. A Committee of scientists be appointed to study and suggest solution to presence of chemicals in the water, in a time bound frame. 6. A Committee of scientists be appointed to suggest replenishment of underground water. 7. Concept of water harvesting be refined and enforced. 8. Concept of Box Trenches be implemented in hilly areas around Jaipur.” 2. It is not gainsay and further it is known to all concern that there is grave drinking water problem throughout the State and early solution of it as well as conservation thereof is important and essential so as to in the coming years the peoples of the State may not face drinking water problem. Each drop of water is to be conserved. In this direction steps are to be taken and materialized but at this stage we do not consider it appropriate to take up this matter in judicial side and the reason behind it, is that whatever directions given in this regard by the Court are to be carried out and implemented by the State Government. The petitioners are free to submit the matter in the form of representation to the Chief Secretary, Government of Rajasthan, Jaipur, who, in his turn, shall constitute a High Power Committee of five members including himself as Chairperson, which shall consider and decide the matter. Whatever decision taken in the matter be sent to the petitioners immediately thereafter. In case the petitioners are not satisfied with the decision taken by the Government in this regard or with its implementation at later stage, they are free to apply for revisal of this writ petition by filing a simple application. 3. The writ petition accordingly stands disposed of .