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Rajasthan High Court · body

2005 DIGILAW 2612 (RAJ)

Paresh Choubisa v. State of Rajasthan

2005-09-29

MANAK MOHTA

body2005
Judgment N.N. Mathur, J.-The instant “Public Interest Litigation” pertains to pollution and preservation of Galp Sagar Lake. Apart from having a glorious past, it is the lifeline of Dungarpur Town. It is one of the most important source of water of rains but now the grievance voiced in the instant petition is that it has become a victim of utter neglect by the residents of the Town as well as by the local Administration. It is degrading day by day by the pollution caused by dumping of animal waste, human excreta, bathing & washing of clothes, throwing of plastic and polythene bags etc. Obstruction by throwing plastic and polythene bags in Lake, problem of sewerage encroachments with the connivance of the Municipality, more particularly construction in the submerged areas, submergence denuding and levelling of the hillocks around Galp Sagar to convert them in to residential plots and massive deterioration of catchments area, are some of the menacing threats that confronts Galp Sagar Lake. It is apprehended that the Lake may end up and bow in few years. In this background the petitioner seeks following directions: (i) The State Authorities may be directed that 500m of the area adjoining to the Galp Sagar Lake should be declared “No Construction Zone”, any type of the construction residential or commercial may be banned within this area: (ii) The adjoining area of Galp Sagar may be declared GREEN BELT and the State Authorities should be directed to make efforts for intensive afforestation: (iii) The State Authorities should be stopped from selling the plots within the Gap Sagar (area of the Ring road) and in the catchments areas nearby for any purpose either residential or commercial: (iv) The State Authorities should be directed to demarcate the original boundaries of the Gap Sagar according to 1884-85 map and to restore the lake to its original shape i.e.. Its actual area 656 bigha 18 biswa. They may be further directed to demarcate he catchment area and all the Channels of water inflow into the Gap Sagar and to remove all the obstructions permanent and semi permanent therein. Its actual area 656 bigha 18 biswa. They may be further directed to demarcate he catchment area and all the Channels of water inflow into the Gap Sagar and to remove all the obstructions permanent and semi permanent therein. They may be further directed to make effective steps to restore the catchment areas and all the channels of water in low to their original shape; (v) The State Authorities may be directed to make a time bound action plan for cleanliness of the lake, to deepen the area of the lake and to remove all kinds of obstructions within the lake. (vi) The State Authorities may be directed to stop the construction of the Petrol Pump, constructing on the main water channels, water coming from the Kushal Magri and Bilri. (vii) The State Authorities may be further directed to demarcate the flood levels and to prevent any kind of construction therein. (viii) The State Authorities may be further directed to build “Sulabh Complex” nearby the Gap Sagar so that the human waste may not get into the lake. (ix) The State Authorities may be directed to stop fishing in the lake and those varieties of the fishes may be put in the lake which helps in cleaning the water of the lake; and (x) Therespondents may be directed not to convert the agricultural land coming in the catchment areas for any other purpose. 2. This Court by order dated 19.04.2005 directed the Collector and other District Authorities to convene a meeting and frame an appropriate scheme and act accordingly. The Court directed thus: “1. To clean the Gap Sagar Lake and save from degradation by pollution caused by dumping of animal waste, human excreta, throwing of plastic and polythene bags; 2. To ensure that the sewerage is not discharged in the lake and also to prohibit urination in the lake; 3 To ensure that the lake is not used as a dumping place. Boundaries of the lake be fixed as per the Revenue record. 4 Appropriate suggestions be made for declaring “No Construction Zone” at a particular distance from the flood level of the lake. 5 A survey of the entire catchment area be made. It must be ensured that there is no construction within the catchment area. 6 An other suggestions as to the development and betterment of the lake.” 3. 4 Appropriate suggestions be made for declaring “No Construction Zone” at a particular distance from the flood level of the lake. 5 A survey of the entire catchment area be made. It must be ensured that there is no construction within the catchment area. 6 An other suggestions as to the development and betterment of the lake.” 3. Shri Satya Prakash, Additional Collector, Dungarpur has submitted the compliance report. It is stated that under the famine relief work, the lake was got cleaned. A further direction has been given to the Executive Officer, Municipal Board, to bound down its employees to keep the lake clean. The Municipality has installed boards to prevent the dumping of animal excreta and other wastes. A direction has been issued restraining the people from throwing plastic or polythene bags in the Lake. As regards discharge of sewerage, a direction has been given to construct a sockpit so that the water coming from the lower portion of Panwari area may not be discharged in the lake. A further plan has been prepared by the Municipality. As far as fixing of boundaries is concerned, the Revenue Authorities are being consulted regarding “No Construction Zone” and a survey is being made. The same shall be discussed with the Urban Improvement Trust. The steps are also being taken to ensure that the vehicle are not taken in the lake for cleaning or washing purposes. 4. Having read the compliance report, we feel that some paper work has been done and nothing beyond that. The Pollution Control Board has submitted the inspection report dated 03.05.2005. It is reported that a Kachha road has been constructed inside the Lake as a ring road. Approx 50% periphery opposite to the dam side and its upstream area and near Rambola Muth, Shastri Colony, Nichali Panwadi, Biladi Panchayats Part and nearby area is covered with the ring road. It is reported that ring road was got constructed by the Municipality in the year 2001. The Inspecting team also observed moulding work of bricks in the Lake. At two points, the domestic waste water of Shastri Colony near Nichall Panwadi is discharged in the Galp Sagar. Certain construction have been raised in the submerged area. We had also occasion to peruse the report on the Eco Restoration Plan of the Lake Galp Sagar, Dungarpur. The Inspecting team also observed moulding work of bricks in the Lake. At two points, the domestic waste water of Shastri Colony near Nichall Panwadi is discharged in the Galp Sagar. Certain construction have been raised in the submerged area. We had also occasion to peruse the report on the Eco Restoration Plan of the Lake Galp Sagar, Dungarpur. At page 35 of the paper book, certain in suggestions have been given. 5. It is not only the duty of the State but also the duty of every citizen to maintain hygienic environment. The State, in particular has duty in that behalf and to shed its extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance and hygienic environment. Environmental, ecological, air, water pollution etc, are regarded as violation of Article 21. Therefore, hygienic environment is an integral facet of right to healthy life. The environmental protection has now become a matter of grave concern for human existence. Therefore, there is a constitutional imperative on the State Government and the municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment. Section 203 of the Rajasthan Municipalities Act casts a duty on the municipality to frame the scheme regarding environmental and sanitary amenities and obtain sanction from the competent authority to provide, preserve and protect parks, open lands, sanitation, roads, sewage etc. to maintain ecological balance with hygienic atmosphere not only to the present residents in the locality but also to the future generation. 6. Taking all facts and circumstances into consideration and having regard to the report of the Pollution Control Board and the compliance report and keeping in view the useful experience of Jheel Sarankshan Samiti Udaipur, we direct the Divisional Commissioner, Udaipur to prepare a Plan for conservation and improvement of the Galp Sagar Lake on the line of measures taken for preservation of Udaipur Lakes by the State and other authorities, including byelaws for “No Construction Zone” and the directions issued by this Court. Efforts be made to bring together different Agencies of the State Government, Local Bodies, N.G.Os., public and private entrepreneurs. Efforts be made to bring together different Agencies of the State Government, Local Bodies, N.G.Os., public and private entrepreneurs. While preparing the Plan, he may take into consideration the inspection report of the Pollution Control Board as well as the suggestions made in the report on the Eco Restoration Plan of the Lake Galp Sagar, Daungarpur. The Divisional Commissioner, Udaipur, shall submit his report on or before the next date of hearing. 6. List the matter on 20/10/2005.