N.N. Mathur, J.—Udaipur, the most majestic and splandid city of lakes a midst the historic relics of Mewar, founded in 1559 AD, finds place prominently on global tourist map. The fresh water lakes of Udaipur constitute a unique system of water harvesting method combined with judicious water management adding to the drinking water resource as well as creating an eternal attraction for tourists from all over the world. 2. Pichhola Lake is the oldest among all the City Lakes deriving its name from Village “Pichholl”, the lake is roughly triangular in shape with its base along the palace ridge. It accounts for a total water body area around 6.96 sq. km. and has gross, live and dead capacities. The storage capacity at the gross level is 483 mcft. The live and dead capacities are 318 and 165 mcft respectively. The river Kotra (Sisarma) and Amarjok (Bujhada) are the chief source of water supply to the lake having a maximum depth of 10.5 meters. Apart from supplying drinking water, it caters to all other domestic needs of the inhabitants of the City. 3. “Rang Sagar” constructed along the western front of the City, is a link between the Pichhola Lake towards south and Swaroop Sagar and Fateh Sagar in north. It has a length of 1.03 km., width of 245 meters and a maximum depth of 7 meters. In the west of Rang Sagar, there are two minor lakes called Kumariya and Kalaliya Talav. Swaroop Sagar is situated between two large sized man-made lakes i.e. Fateh Sagar in north and Pichhola in south and flanked directly in the south by yet another small extension of Rang Sagar, its intermediate position has sluice gates and canal to feed water to Fateh Sagar lake towards north, though basically it is linked with Pichhola through Rang Sagar lake. 4. Fateh Sagar Lake is the heart of the most delicate and culturally active part of Udaipur City. The lake is 720 meters long, about 100 meters wide and rises nearly 40 meters from the ground level towards east. The lake stretches 2.6 kms. In north-south and 1.8 kms. in east-west direction, covering a total water spread of nearly 4.0 sq. km. and has a maximum depth of 13.4 meters. It commands a total catchment area of about 41 sq. km. The gross, live and dead capacities are 427.60, 247.60 and 180 mcft water respectively. The lake stretches 2.6 kms. In north-south and 1.8 kms. in east-west direction, covering a total water spread of nearly 4.0 sq. km. and has a maximum depth of 13.4 meters. It commands a total catchment area of about 41 sq. km. The gross, live and dead capacities are 427.60, 247.60 and 180 mcft water respectively. The lake primarily depends on Madar Feeder from Madar Dam built across the Ahar river which is located at a distance of 8 kms. north of the lake. It also receives water from the Badi Talav. Besides the above, there are rural lakes like Gordhan Vilas, Udai Sagar. 5. Petitioner Rajendra Kumar Razdan, an environmentalist and a public spirited person by way of instant public interest petition filed in the year 1999 lamented that the City of lakes, known for beauty of its water bodies, is now witnessing the destruction of its glorious heritage. The unique lake system has been confronting a number of challenges to its existence. Dumping of waste and garbage and lakhs of litres of sewage, uncontrolled growth of water hyacinth and the sliting caused by illegal construction of buildings near the lakes have endangered these water bodies over the years. They are now becoming virtually dry following successive droughts. The pleadings in this regard have been noticed in detail in one of our earliest orders dt. 08.05.2000 reported in 2000(2) RLW (Raj) 1307. By interim order, we directed the various State and local authorities to prepare a time bound Action Plan to overcome the crisis of various problems referred therein. Different task forces were constituted for different jobs like desilting of lakes, sewerage diversions, disposal and treatment, solid waste management, prevention of construction in No Construction Zone, plantation in the catchment area of lakes etc. We also directed to undertake the work of desilting on war scale. The State Government was directed to submit the status report with respect to the scheme of the Mansi Vakal, Davas and Borana connecting with the Pichhola Lake, in order to save the water regime of lakes system of Udaipur and provide clean, healthy drinking water to the City of Udaipur. The Court also appointed the Court Commissioners viz; Managing Director RSMM Corporation; Dr. Arvind Bhatnagar the Scientist of National Fame and Social Worker; and Shri Ramesh Nandwana President Bar Association Udaipur. As usual, the respondents failed to prepare a time bound programme. The Court also appointed the Court Commissioners viz; Managing Director RSMM Corporation; Dr. Arvind Bhatnagar the Scientist of National Fame and Social Worker; and Shri Ramesh Nandwana President Bar Association Udaipur. As usual, the respondents failed to prepare a time bound programme. The Court was not satisfied with the paper work done by the State or local authorities. The Divisional Commissioner, Udaipur who is the President of the Jheel Sanrakshan and Jheel Vikas Society, hereinafter referred to as “JSJVS” was asked to prepare a time bound programme. He was made responsible for the faithful execution of the programme. The Court Commissioners also submitted a report. It was also brought to the notice of this Court that the Udaipur Lakes System has been included in the National Lakes Conservation Project so that something substantial can be done by the Ministry of Environment, Government of India. Thus, a notice was given to the said Ministry as well. This Court also received a letter by post from late Shri Balwant Singhji Mehta, a veteran freedom fighter aged 101 years. He had initiated the first Public Interest Litigation with respect to Udaipur Lakes as back as in the year 1982. He expressed his utmost dissatisfaction in the matter. He was at pains to say that on completion of 100 years of age, his desire is that before he leaves for heavenly abode, he may see clean and beautiful lakes of Udaipur. Having noticed the feelings of freedom fighter Shri Balwant Singh, in one of our orders, it was observed that touching feelings of freedom fighter must reach to all concerned responsible for execution of the task. This Court continued to monitor the execution and the execution plan by way of continuous mandamus. It will be relevant to refer one offshoot writ petition filed by E.T.H. Limited challenging the order of the Collector, Udaipur, directing the petitioner Company to stop the construction work. In the said judgment, we emphasized on proper balance between the development and the environment so that both may co-exist without affecting the other. The said judgment is reported in 2001(2) WLC (Raj.) 249. It was observed in para 12 thus: “12. We are to take a reasonable and balanced view of the entire situation. It is necessary to accommodate all the essential components for a healthy and developing Society. We can not retract our steps from Industrialization to simplistic nature. The said judgment is reported in 2001(2) WLC (Raj.) 249. It was observed in para 12 thus: “12. We are to take a reasonable and balanced view of the entire situation. It is necessary to accommodate all the essential components for a healthy and developing Society. We can not retract our steps from Industrialization to simplistic nature. Proper planning with a will to improving the environment is the basic need to control pollution. On the world map, Udaipur is one of the choicest Tourist destination. For the development of the Tourism Industry, Udaipur needs atleast some hotels providing accommodation of international standard to foreign and local guests, but not at the cost of polluting the lakes. They must bear in mind that by polluting the lakes, they will not survive. Lakes are to be respected and worshiped. Even slightest disturbance polluting the lakes shall not be tolerated, however high or mighty one may be, he/she shall be dealt with in an exemplary manner. It must be ensured that sufficient technical and preventive measures are taken. The problem calls for popular vigil. All these aspects are required to be kept in view by the authority concerned, while considering the application for renewal of permission.” 6. While it is true that in a developing country, there have to be developments, but that development should be in the closest possible harmony with the environment, as otherwise there would be development but no environment, which would result in total devastation, though, however, may not be felt in present but at some future point of time, but then it would be too late in the day, however, to control and improve the environment. The present day society has a responsibility towards the posterity for their proper growth and development so as to allow the posterity to breathe normally and live in a cleaner environment and have a consequent fuller development. Thus, it is the responsibility of one and all to check and control the degradation of environment and since the Law Courts also have a duty towards the Society for its proper growth and further development and more so by reason of definite legislations in regard thereto. Thus, it is the Constitutional obligation of judicial powers to ensure that there is no such degradation of the environment. Thus, it is the Constitutional obligation of judicial powers to ensure that there is no such degradation of the environment. It is of course true that in the present global scenario, it is neither feasible nor practicable to have negative approach to the development process of the Country or of the Society, but that does not mean, without any consideration for the environment. Thus, there has to be a proper balance by way of protection of environment and the development process. 7. The Apex Court in M.C. Mehta vs. Union of India reported in 1997(3) SCC 715 while deciding the issue whether construction in the area around the lakes Badkhal and Surajkund, which in the case, were notified as sensitive areas because of the fact that they were tourist places, should be stopped to preserve the lakes and catchment area. The material relied on by the Court in the said case was based on two expert opinions by the Central Pollution Control Board and “NEERI”, which reported that the large scale construction activity in the close vicinity of the two lakes is bound to cause adverse impact on the local ecology. In the said case, the Apex Court also held that the “precautionary principle” has been accepted as a part of the law of the land. Articles 21, 47, 48-A and 51-A(g) of the Constitution give a clear mandate to the State to protect and improve the environment and to safeguard the forests and wildlife of the country. The “precautionary principle” makes it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. Recently, the Supreme Court in Susatha vs. State of Tamil Nadu reported in (2006) 6 SCC 543 observed that the water bodies are required to be retained. Such requirement is envisaged not only in view of the fact that the right to water as also quality life are envisaged under Article 21 of the Constitution of India, but also in view of the fact that the same has been recognized in Articles 47 and 48-A of the Constitution of India. Article 51A of the Constitution of India casts a fundamental duty on every citizen to protect and improve the natural environment including forests, lakes, river and wildlife. Article 51A of the Constitution of India casts a fundamental duty on every citizen to protect and improve the natural environment including forests, lakes, river and wildlife. Reference has been made to M.C. Mehta vs. Union of India reported in (1997) 3 SCC 715 and Intellectuals Forum vs. State of A.P., reported in (2006) 3 SCC 549 . Reference has also been made to T.N. Godavarman Thirumuipad vs. Union of India reported in (2006) 5 SCC 47 , wherein the Court again highlighted the importance of preservation of natural lakes and particularly those, which are protected under the Wildlife (Protection) Act, 1972. 8. This Court at one stage feeling disturbed of dried-up lakes and also the disturbance caused in the catchment areas, constituted the Expert Committee having observed- “However, there has been a feeling of frustration due to successive failure of monsoon. This year the State is blessed with rains including Udaipur and surrounding districts but the Udaipur lakes, which are surviving for centuries, are now helplessly sounding their death knell.” 9. This Court constituted a Committee comprising of following members to undertake a general survey of the catchment area and suggest necessary measures to restore the catchment area to its original shape and use: “1) Shri Rajat Kumar Mishra, IAS, Managing Director, Rajasthan State Mines & Mineral Ltd.-Convener 2) Director (MIS),ID & R, Irrigation Department, Sinchal Bhawan, JLN Marg, Jaipur-Member 3) Jt. Director Udaipur Range, Watershed Development & Soil Conservation Department, Udaipur-Member 4) The Chief Engineer Public Health Engineering Department Jaipur-Member 5) The Collector, Udaipur-Member” 10. The profile of the Committee is somewhat indicative of the holistic study carried out in the catchment area. The main departments involved in the study were Departments of Mines & Minerals, Irrigation, Watershed Development and Soil Conservation and PHED. The department of Land Revenue headed by the Collector actively participated as a member. The Committee also consulted the I.S.R.O. and other related State departments to provide satellite data for better appreciation of the information. The report of the Committee is on record. We may briefly refer the contents of the report as follows: “PARAMETERS FOR THE SURVEY : 1. Compare the rainfall data to find out the relationship between the duration and the intensity of the rainfall on the run off of the water for carrying the sufficient amount of water to the lakes. 2. We may briefly refer the contents of the report as follows: “PARAMETERS FOR THE SURVEY : 1. Compare the rainfall data to find out the relationship between the duration and the intensity of the rainfall on the run off of the water for carrying the sufficient amount of water to the lakes. 2. Identify encroachments on the primary channels, and their effect on the imbalance in the water flow. 3. Study the entire catchment area from where the water flows. 4. Role of water harvesting structures in affecting the flow of water, and its construction parameters. 5. Effect of drilling tube wells in the riverbed. 6. Impact of the absence of vegetation in the primary channel and its impact on soil erosion and sliting in the primary channel. INFERENCES DRAWN BY THE COMMITTEE: 1. Primary reason for the drying up of the lakes was scanty rainfall in the catchment area, which was unable to create a proper flow of water to the lakes. 2. It was found that encroachments were definite impediments on the path of water flow. These encroachments created a substantial damage to the riverbanks and beds in terms of under cutting on the meandering edges and scouring of floors at some weak zones and deposition of sediments throughout the channels, making them uneven and undulated. It was observed that all encroachments should be removed from the beds of the drainage channel with due application rules. 3. Another observation made on the basis of the satellite data was the increase in the area of agriculture and also agriculture during the off-season, which further depletes the underground water, and also leads to the pollution of the same. 4. The survey also revealed the presence of a large number of check dams with more than 2 meter height which were causing obstruction to the flow of water (out of 53 such anicuts and check dams 23 our clearly above 2 meter height) 5. Western hills of the catchment area are devoid of vegetation leading to soil erosion. 6. Another important observation made was in relation to the effect of tube wells, Most of them being unauthorised on the bed of the river, draw out a large scale of water which results in underground voids, which in turn disrupt the flow of water into the river. RECOMMENDATION: 1. Removal of encroachment from the riverbed. 2. 6. Another important observation made was in relation to the effect of tube wells, Most of them being unauthorised on the bed of the river, draw out a large scale of water which results in underground voids, which in turn disrupt the flow of water into the river. RECOMMENDATION: 1. Removal of encroachment from the riverbed. 2. River bed to be made free of any kind of agricultural activity. 3. Sinking of tube wells should be regulated by the revenue administration under relevant rules except when the limited purpose of sinking the tube well is to use underground water for drinking purposes. 4. Creation of a narrow carrying channel for flow of water under sub optimal condition. 5. Prevention of uncontrolled construction of anicuts and check dams in the catchment area. 6. These structures to be monitored and regulated by the district administration. 7. Need was also felt for an in depth analysis of role agriculture in the catchment area. 8. Increase the plantation on the western hills and along the water channels in the catchment area.” 11. At this stage, it will also be relevant to refer-to another decision of this Court rendered in Abdul Rahman vs. State of Rajasthan reported in 2004(4) WLC (Raj.) 435, wherein it was held that Nadi land cannot be used for any sort of construction. Taking account of the recommendations of the Experts Committee, this Court issued wide ranging directions, which can be noticed as follows: “1. All land shown as drainage channels like nalla, rivers, tributaries etc. as on 15.08.1947 should be declared as Govt. land. Any conversions made after 15.08.1947 should be declared illegal. The relevant act and rule must be amended accordingly. 2. Demarcation of catchment areas should be done by construction pillars at suitable spacing depending upon size of the catchment area with the help of GT sheet of scale 1:25000 or 1:50000 and/or “Water Shed Atlas of Rajasthan” prepared by the State Remote Sensing Application Centre, Jodhpur. 3. Demarcation of drainage channels- (i) In uninhabited areas, this can be done by installing pillars at suitable spacing or by constructing side wall depending upon size of drainage channel and its importance. (ii) In urban and rural areas, the demarcation of drainage channels must essentially be done by constructing side walls of appropriate height and thickness. 4. 3. Demarcation of drainage channels- (i) In uninhabited areas, this can be done by installing pillars at suitable spacing or by constructing side wall depending upon size of drainage channel and its importance. (ii) In urban and rural areas, the demarcation of drainage channels must essentially be done by constructing side walls of appropriate height and thickness. 4. In the government owned lakes and other water bodies, the Khatedari rights of private persons in their submergence area should be brought under the ownership of the Government. 5. The drainage channels in the catchment areas should be got inspected by engineering professionals and patwaris. Wherever there are obstructions in nalla, it should be suitably removed by constructing culverts, deepening and widening of nallas etc. 6. Wherever there are any construction activities, which may interfere with the flow of water in drainage channels, no objection certificate must be obtained from the irrigation department. 7. The Anicuts more than 2m height above deepest nalla bed should be identified. The height more than 2m should be dismantled. 8. Wherever residential colonies have been constructed obstructing flow in drainage channels, the obstruction must be removed and nallas may be deepened/constructed. 9. On the periphery of lakes, ponds, water bodies in urban and rural areas, a pucca drain should be constructed on periphery of the water body to prevent entry of domestic, Industrial and other waste in the water body. 10. For soil conservation work, suitable guidelines must be issued by the “Watershed & Soil Conservation Department” so that these works make minimum possible interference with the flow of water. 11. The district administration should specify places for dumping various types of waste material. If anybody is found to dump the waste material in other places, particularly drainage channels, then suitable punishment should be provided in the law. 12. The government should use television, radio and newspapers to create awareness in this matter. 13. Possibility should be explored to use marble slurry as construction material, for filling depressions etc. as has been done for disposal of fly ash from Thermal Power Houses. 14. The water quality of water bodies should regularly be monitored. 15. Wherever over-burden or waste materials generated from mines and processing units, have been dumped obstructing flow of water in drainage channels; diversion drains and check walls must be constructed. For that purpose, special condition should be incorporated in the lease/license agreement,” 12. 14. The water quality of water bodies should regularly be monitored. 15. Wherever over-burden or waste materials generated from mines and processing units, have been dumped obstructing flow of water in drainage channels; diversion drains and check walls must be constructed. For that purpose, special condition should be incorporated in the lease/license agreement,” 12. We are happy to note that the continuous monitoring, the serious efforts made by the State and local authorities, the reporting of the Court Commissioners, the vigilance of the petitioner and other citizens, has yielded satisfactory results which can be briefly indicated as follows: SEWERAGE SYSTEM: 13. 23492 Mtr. (23.49 Km.) sewer line has been laid on the eastern bank of the Pichhola Lake. 1880 manholes have been constructed. 3404 houses have been given connections. The report shows that for the purpose of non-clog, submersible pump sets have also been installed. The maintenance work has also been carried out satisfactorily. It is also reported that the sewerage project has been completed and is running satisfactorily. The details of the sewerage project are given as follows: “Details of the works executed under Sewerage project are as under: (A) Sewer line- Area (i) 2674 Mtrs. Laid in side lakes i.e. Navghat to Lalghat, Nathi Ghat to Brahmploe, Ambamata, Bhattwari to Brahmpole, Natural Hotel to Ambaple S.P.S., Brahmpole to Ambapole to Chandpole to Jatwari to Bichhu Ghati to Hathipole. (ii) 9316 Mtrs. Laid along the Eastern Bank of lake Pichhola i.e. Settlement Officer to Nav Ghat, Rao Colony to Lal Ghat, Lal Ghat, Gangora Ghat, Gadiy Devra, Jaggananath marg, Chandpole park, Purohitji ki Haveli, Hotel Hlltop, Ambavgarh Kachhi Basti, MMVM School, Harijan Basti, Bhattwari, Monika Complex and Ambamata area etc. (iii) 11502 Mtrs. Laid along the Western Bank of lake Pichhola i.e. Trident Hotel Haridas ji Ki Magri to Malla Talal Circle, Raza Colony, Master Colony, Ambamata Harijan Basti, Rani palace, Brahmpole Malla Talai Road, Jain Temple, Nagar Parishad Colony, Naga Nagri, Nagarwara, Bheel Wara, Khodi Amil, Pipli Chowk, Amet Haveli, Ambapole, Baneria Haveli area etc. (B) Man Holes - Area (i) 94 Nos. Constructed on sewer laid from Navghat to Lalghat, Nathi Ghat to Brahmpole, Ambamata, Bhattwari to Brahmpole, Natural Hotel to Ambapole S.P.S., Brahmpole to Ambapole to Chandpole to Jatwari to Bichhu Ghati to Hathipole. (ii) 1005 Nos. (B) Man Holes - Area (i) 94 Nos. Constructed on sewer laid from Navghat to Lalghat, Nathi Ghat to Brahmpole, Ambamata, Bhattwari to Brahmpole, Natural Hotel to Ambapole S.P.S., Brahmpole to Ambapole to Chandpole to Jatwari to Bichhu Ghati to Hathipole. (ii) 1005 Nos. Constructed on the Eastern Bank of lake Pichola i.e. Settlement Office to Nav Bhat, Rao Colony to Lal Ghat, Lal Ghat, Gangore Ghat, Gadiya Devra, Jaggananath marg, Chandpole park, purohit ji ki Haveli Hotel Hiltop, Ambavgarh Kachhi Basti, MMVM School, Harijan Basti, Bhattwari, Monika Complex and Ambamata area etc. (iii) 781 Nos. Constructed on the Western Bank of Pichola i.e. Trident Hotel, Haridas ji ki Magri to Malla Talai Circle, Raza Colony, Master Colony, Ambamata Harijan Basti, Rani Palace, Brahmpole-Malla Talai Road, Jain Temple, Nagar Parishad Colony, Naga Nagri, Nargarwara, Bheel Wara, Khodi Amli, Pipli Chowk, Amet Haveli, Ambapole, Baneria Haveli area etc. (C) House Connection - Area (i) 2065 Nos. Connected by House Connections i.e. sewer laid on the Eastern Bank of Lake Pichola i.e. Settlement Office to Nav Ghat, Rao Colony to Lal Ghat, Lal Ghat, Glagore Ghat, Nadiya Devra, Jaggananath marg, Chandpole park, Purohit ji ki Haveli, Hotel Hiltop, Ambavagarh, Kachhi Basti, MMVM School, Harijan Basti, Bhattwari, Monika Complex and Ambamata area etc. (ii) 1339 Nos Connected by House Connections i.e. sewer laid on the Western Bank of lake Pichola i.e. Trident Hotel. Haridasji Ki Magri to Malla Talai Circle, Raza Colony, Master Colony, Ambamata Harijan Basti, Rani Palace, Brahmpole-Malla Talai Road, Jain Temple, Nagar Parishad Colony, Naga Nagri, Nagarwara, Bheel Wara, Khodi Amli, Pipli Chowk, Amet Haveli, Ambapole, Baneria Haveli area etc. (D) Pump Sets - Area (a) Installation of Sewerage Non-Clog Submersible Set. (i) 6 Nos. Main Sewerage Pumping Submersible Pump Set. (ii) 1 No. D.G. Set at Main Pumping Station, Ambamata (b) Intermediate Pumping Stations (i) 1 No. Maharaja Ghat (ii) 1 No. Amet Haveli (iii) 1 No. Gadiya Devra (E) Maintenance Work of the System is carried out satisfactorily since date:- (i) 01.12.2004 Operations and Maintenance of sewer system i.e. Navghat to Lalghat, Nathi Ghat to Brahmpole, Ambamata, Bhattwari to Brahmpole, Natural Hotel to Ambapole S.P.S. Brahmpole to Ambapole to Chandpole to Jhatwari to Hathipole. (ii) 01.04.2005 Operation and Maintenance of sewer system i.e. laid along the Eastern Bank of lake Pichola & House Connections i.e. Settlement Office to Nav Ghat, Rao Colony to Lal Ghat, Lal Ghat, Gangore Ghat, Gadiya Devra, Jaggananath marg, Chandpole Park, Purohit ji ki Haveli, Hotel Hiltop, Ambavgarh Kachhi Basti, MMVM School, Harijan Basti Bhattwari Monika Complex and Ambamata area etc. (iii) 01.04.2005 Operation and Maintenance of sewer system i.e. laid along the Western Bank of lake Pichola & House Connections i.e. Trident Hotel, Haridas ji ki Magri to Malla Talai Circle, Raza Colony, Master Colony, Ambamata Harijan Basti, Rani Palace, Brahmpole-Malla Talai Road, Jain Temple, Nagar Parishad Colony, Naga Nagri, Nagarwara, Bheel Wara, Khodi Amli, Pipli Chowk, Amet Haveli, Ambapole, Baneria Haveli area etc. 14. Thus, the grievance of sewerage discharge in City lakes, dumping and releasing of chemicals and toxic pollutes in and around the lakes, has been redressed. DE- SILTING: 15. De-silting has been carried out in all the lakes. From Fatehsagar Lake alone, 4,75,000 trucks of soil has been removed. From Kawadia Talab, 2983 dupmers of soil/Malba has been removed. As regards Swaroop Sagar, Rang Sagar and Pichola lakes, 897, 2049 and 1689 dumpers respectively of solid waste have been removed. Cleaning of the “Ghats” and dead water tanks have been regenerated and revived connecting Pichola to Rang Sagar. The wastes which were removed from the said lakes, have been used for public purpose like construction of roads, filling of road side parks and circles and pits. We are happy to record that most of the situation work was done by way of “Shramdan”. The President, JSJVS played a significant role. Not only the lakes but also the Feeder Canals particularly the Madar, have been cleaned. HYACINTH: 16. As far as the growth of water hyacinth is concerned, it has been completely controlled. SOLID WASTE MANAGEMENT: 17. As regards the Solid Waste Management, the Municipal Corporation has put containers at various places for putting the waste material in the City of Udaipur. Dumpers have been fixed on the Tata Chasis for transportation of garbage for dumping of solid wastes, bio medical wastes, the Municipal Corporation has prepared a plan. The land has already been allotted. The approach road has already been constructed and the boundary wall is said to be under progress. Dumpers have been fixed on the Tata Chasis for transportation of garbage for dumping of solid wastes, bio medical wastes, the Municipal Corporation has prepared a plan. The land has already been allotted. The approach road has already been constructed and the boundary wall is said to be under progress. It is reported that the detailed project report has been prepared by M/s P.D. Core & Works. The Municipal Council has also constructed number of “Sulabh Shauchayala” in various parts of the City. REMOVAL OF ENCROACHMENT FROM CATCHMENT AREA: 18. As regards carrying out the directions of the Committee as to removal of encroachment in the catchment area, it is reported that encroachment of Nala/river bed has been removed. Similarly, the cultivation either temporarily or permanently in the submerged areas of Pichola and Fateh Sagar Lake have been totally stopped. Unauthorized tubewells on the bed of the river or Nala most of them have been removed. The water in Pichola lake coming from Sisarma river virtually lost its existence due to siltation. It is reported that a narrow channel has been made to overcome the said problem. A Circular has also been issued not to allow the construction of anicut or check dam without proper technical waiting from the Executive Engineer of the Irrigation Department. It is stated that as per the view expressed by the Soil Conservation Department, some of the check dams are also required to be retained to avoid erosion by minimizing self load entering into the lake. The suggestion with respect to plantation has also been carried out to the great extent. The submergence of peta land of lakes have been marked by the Revenue Department by installing pillars on periphery of lakes. HFL has also been marked. REVIVAL OF MANSI, VAKAL, DEVAS PROJECTS: 19. As regards the revival of the scheme of the Mansi, Vakal, Devas and Borana connecting with the Pichola lake in order to save water regime lake system of Udaipur and to provide clean & healthy drinking water to the City of Udaipur, pursuant to the order of this Court dt. 08.05.2000, the State Government submitted the status report pointing out that under the provisions of Environment Act as also under the provisions contained in the Rajasthan Forest (Conservation) Act, 1980, the requisite clearance certificate was required to be obtained from the concerned department/authority. 08.05.2000, the State Government submitted the status report pointing out that under the provisions of Environment Act as also under the provisions contained in the Rajasthan Forest (Conservation) Act, 1980, the requisite clearance certificate was required to be obtained from the concerned department/authority. It was also pointed out that the clearance is required to be obtained from the Central Government. Another requirement was the clearance of design of Dam from the Central Water Commission. As regards the pending scheme, it was pointed out that feasibility report submitted by the WAPCOS was pending consideration. As per the report of the WAPCOS, the Dam could be constructed across Devas river tributary to river Urasia which joined Mansi river near village Borana to augment 36 MMD of water. The State Government decided to construct Mansi Vakal Dam Near village Borana as a joint venture with the Hindustan Zinc Limited, Udaipur. As per the scheme, water from Mansi Vakal Dam Could be pumped to existing Devas I Dam from where it could flow through tunnel and then to lake Pichola. Considering that there was no seriousness in the matter of going ahead with the Mansi Vakal Project, this Court decided to rigorously monitor in order to ensure that within the scheduled time, the project is completed. Accordingly, by order dt. 05.09.2000, this Court directed the Chief Secretary, State of Rajasthan to set up a committee to complete the requisite requirement and to commence the project. The Chief Secretary was also asked to submit a time bound programme. The Committee was asked to submit the report before the next date of hearing. Pursuant to the directions of this Court, the Chief Secretary constituted a committee headed by the Principal Secretary, Department of PHED. The Committee submitted its report and the time bound programme. It was pointed out that the project is being executed by the Hindustan Zinc Ltd. as per the M.O.U. with the State Government. The Hindustan Zinc Limited was to take up the work of pipeline from Mansi Vakal Stage I to Devas Dam I. From Devas I, the water was flowing from Sisarma river through existing tunnel. The project was to be completed by June, 2004. However, the said programme was revised. Suffice it to say that there has been some controversy with respect to feasibility of the project. Various views were placed before this Court. Thus, this Court by order dt. The project was to be completed by June, 2004. However, the said programme was revised. Suffice it to say that there has been some controversy with respect to feasibility of the project. Various views were placed before this Court. Thus, this Court by order dt. 09.08.2002 directed the Chief Secretary, State of Rajasthan to consider the viewpoints placed by different organizations and obtain a second opinion from NEERI. After considering the entire matter, project was prepared and the financial help was sought from the A.D.B. 20. As per the revised project. the Mansi Vakal Dam is being constructed on river Kursia. The level of the river is 558 mtrs. above sea level. The Dam has been constructed upto the level of 581 mtrs. The reduced level of Pichhola lake is 595 mtrs. There is a ridge between the Pichhola lake and the Dam. The contour specified level ranging from RL872 mtr. to RL 1008 mtr. A tunnel four and a half km. has been constructed at Aisigah ridge. Thus, the water is pumped from Mansi Vakal to the inlet point of tunnel at 710 Mt. R.L. of 4.6 Kms. on Udaipur-Jhadol road and flows upto the other end of the tunnel, The water will flow under gravity upto a hillock at Nandeshwar. The filter plant is constructed at the hillock at RL 685 mtr. The water will flow to different service reservoirs of Udaipur town from the said filter plant. The project will primarily confine to supply and meet with the drinking water problem of the City of the Udaipur. This will largely relieve the Udaipur lakes from supplying the water for drinking purposes. It is reported that the entire project is complete except RCC line work in the tunnels. The total length of the RCC line is 4460 mtrs. out of which 3165 mtrs. line has already been completed. The department was supposed to complete the same by December, 2006. However, a prayer has been made to give some more time to complete the same by May, 2007. The reason given for the delay is that the work has to be stopped because of heavy rains during the period June, 2006 to September, 2006. It is also reported that there was a huge rock sliding near outlet, which has delayed the work. DEVAS-I 21. Devas Dam is an existing Dam. The reason given for the delay is that the work has to be stopped because of heavy rains during the period June, 2006 to September, 2006. It is also reported that there was a huge rock sliding near outlet, which has delayed the work. DEVAS-I 21. Devas Dam is an existing Dam. A tunnel has been constructed at the end of the Dam towards Udaipur side and the water of the Dam flows through the river and routes Pichhola via Nandeshwar flooded Check Dam. For number of years, the tunnel was choked and, as such, the water was not flowing from Devas Dam to Pichhola. Under the directions of Court, the tunnel has been cleaned and the water from Devas Dam is flowing with full speed to the Pichhola lake. A contention was raised that the construction of the Mansi Vakal Dam will adversely affect the catchment area of Devas. It is clarified that as far as the Mansi Vakal catchment area is concerned, the same is at lower level and, as such, it will not affect the Devas catchment areas, which is on the upper level. In case of heavy rains in Devas catchment area of capacity of Devas Dam, the water may flow to the side of the ridge, which ultimately flow to Jhalod and downwards towards Gujarat through Mansi Vakal.Thus, Mansi Vakal does not interrupt the catchment area of Devas which is much above the level of Mansi Vakal Dam. DEVAS-II: 22. Devas II has been sanctioned by the State Government in the year 2006 for diversion of water from Sabarmati basin to Lakes of Udaipur City under gravity flow by tunnels. This project consists of construction of two reservoirs viz; Akodra Dam and Madri Dam, 11.05 Km. long main tunnel from Akodra Dam to Kodiyat village and 1.30 Km. long tunnel from Madri Dam to main tunnel for diversion of water from Sabarmati basin to catchment of Pichhola lake of Udaipur City. The project is estimated to cost Rs.13,926.00 lacs to ensure diversion of 549.63 mcft. water from its catchment area and 1180.83 mcft. Water from the proposed Devas Stage III and Devas Stage IV projects shall be diverted using Akodra-Kodiyat tunnel, a total of 1730.46 mcft. The Devas Stage II consists of five packages. The project is estimated to cost Rs.13,926.00 lacs to ensure diversion of 549.63 mcft. water from its catchment area and 1180.83 mcft. Water from the proposed Devas Stage III and Devas Stage IV projects shall be diverted using Akodra-Kodiyat tunnel, a total of 1730.46 mcft. The Devas Stage II consists of five packages. The tender for first package for the work of construction of Madri Dam and Link tunnel between the Main Dam and Main Tunnel has been sanctioned. There are further details for rest of the said project, which are not required to be mentioned. NO CONSTRUCTION ZONE: 23. The State Government realizing that Udaipur Lakes are facing environmental problems, siltation and shrinkage in its area and with a view to project the water Lakes from further pollution in exercise of powers conferred under Sec. 229 read with Sec. 177 of the Rajasthan Municipalities Act issued a notification dt. 17.01.1997 declaring No Construction Zone i.e. prohibited area around the lakes. The construction in the area specified in the notification was completely banned. The said notification was superseded by another notification dt. 10.12.1999. The U.I.T. framed the byelaws under the said notification. A serious complaint was made to the effect that large number of constructions are being raised in the No Construction Zone because of non-effectiveness of the U.I.T. Thus, this Court by order dt. 08.05.2000 put a complete ban on construction of any sort of building, house or commercial premises in the No Construction Zone. Later-on, a clarification was made in another writ petition as reported in E.T.H. Ltd. vs. State of Rajasthan reported in 2001(2) WLC (Raj,) 249. 24. The U.I.T. has filed an affidavit stating that the directions of this Court in that regard have been faithfully and punctually complied with inasmuch as no construction has been permitted in the No Construction Zone in disregard to the orders of this Court. In certain cases, permissions have been granted only in accordance with the byelaws and the law laid down by this Court in E.T.H. Ltd’s Case (supra). A compliance report has also been submitted with respect to the recommendations made by the Committee headed by Shri Rajat Mishra, referred to above. The compliance report is extracted as follows: “i. The encroachments on Nala/River Bed of 111 persons have been removed; ii. The cultivation in the submerged areas of Fateh Sagar Lake has been completely stopped. A compliance report has also been submitted with respect to the recommendations made by the Committee headed by Shri Rajat Mishra, referred to above. The compliance report is extracted as follows: “i. The encroachments on Nala/River Bed of 111 persons have been removed; ii. The cultivation in the submerged areas of Fateh Sagar Lake has been completely stopped. In the submerged area of 300 hectares of Pichhola Lake, the encroachment of about 75 persons has been removed; iii. All the tube wells in the submerged area have been removed; iv. The water channel through which water flows to Pichhola Lake which has lost its existence due to siltation, has been revived; v. A Circular has been issued putting a complete ban on construction of anicut or check dams without prior technical vetting from the Executive Engineer of the Irrigation Department. It is also submitted that as per the Soil Conservation Department, check dams are required to avoid soil erosion by minimizing silt load entering into the lake; vi. Steps are being taken for plantation in the catchment area; vii. Submerged peta land of lakes has been marked by the Revenue Department by installing Pillars on the periphery of lakes.” 25. Thus, it appears that the substantial work has been done to protect Lakes System of City of Udaipur. However, the reaction of the petitioner is as follows: “.... in the some areas of the problem the respondents although reacted positively and have done their best job and home work but at the same time, it is still to write that in some major problem areas pertaining to Udaipur lakes and its catchment areas are left untouched Knowingly and deliberately by the respondents resulting into a situation which acted as added fuel to this remaining vital issues of the existing Lake System and Catchment areas of Udaipur.” 26. Petitioner has prayed for some more directions as follows: “i. That respondents be directed for undertaking the demarcation of the High Flood Level of these lakes taking base line of demarcation as year 1973 as well as 2006 rains in the presence of Experts Court Commissioners, Petitioners and its proper monitoring. This will stop the land use conversion and shrinkage in Lake areas; ii. That as expert committee as formulated under D.B. Civil Writ Petition No. 1421/2001 be appointed so as to review the present situation and its future safeguard; iii. This will stop the land use conversion and shrinkage in Lake areas; ii. That as expert committee as formulated under D.B. Civil Writ Petition No. 1421/2001 be appointed so as to review the present situation and its future safeguard; iii. That the conversion and construction permissions in and around these lakes and their respective Catchment areas land use of other lakes of Udaipur be banned in light of earlier orders of this Hon’ble Court; iv. That the Catchment areas of these lakes as specified by the expert committee earlier in this matter be also earmarked in this matter; v. That active and dense tree plantation be undertaken by the respondents in and around the lakes of Udaipur; vi. That the commercial activities viz; Bombaia market and other and vehicular traffic in and around these lakes be banned in light of State Gazette Notification dt. 27.04.2006 (Annex. 01) and the commercial activities be ordered for its shifting from lakes to nearby vacant place; vii. That recently the Collector and District Magistrate has released sanction for Boat plying licences to around 100 persons for Fateh Sagar lake and around 80 Boats in Pichhola Lake in addition to what already is plying. This is not only a safety hazard but seriously affects reproduction of the aquatic animals & migratory birds even the pollution level of these lakes have not been studied before issuing such licences by the State Pollution Control Board. Same may please be directed for its detail re-examination after that only number of licences for diesel and hand operated be decided.” viii. That aforesaid directions may also please be made applicable in the whole of the State of Rajasthan; 27. In view of the above, we are satisfied that the instant Public Interest Litigation has achieved its object and no more requires further monitoring. However, before we part with, we record our deep appreciation for the petitioners Rajendra Kumar Razdan and Dr. Tej Razdan for the noble cause taken up by them and pursuing the same with great ability and sincerity. We also record our appreciation for the valuable assistance rendered by Mr. R.L. Jangid, former Additional Advocate General and Mr. N.M. Lodha, Additional Advocate General. Tej Razdan for the noble cause taken up by them and pursuing the same with great ability and sincerity. We also record our appreciation for the valuable assistance rendered by Mr. R.L. Jangid, former Additional Advocate General and Mr. N.M. Lodha, Additional Advocate General. We also record our appreciation for all the officers of the State Government and local authorities, who have done their best in complying with the directions of this Court to achieve the pious object of the instant Public Interest Litigation. We also record our deep appreciation for the Court Commissioners Shri Rajat Mishra, I.A.S. and Shri Nandwana for the valuable assistance provided by them to this Court, which made our job easier. 28. Consequently, we dispose-of the writ petition with the following directions: i. We direct the State Government to consider for establishing the Lakes Development Authority under a Statute for effective management in conservation of the City Lakes of Udaipur. The authority should be made responsible and accountable for ecological, hydrological and limnological balance of the lakes concerned; ii. Effective steps should be taken so as not to permit any sort of construction within the No Construction Zone; iii. Desiltation of lakes should be taken as a continuous programme; iv. The conversion and construction permission in and around the lakes and in their respective catchment areas is completely banned except the rarest of rare exceptional case keeping in view the earlier orders of this Court; v. The catchment areas of the lakes as specified by the Committee be earmarked; vi. Submerged peta land of the lakes be earmarked by the Revenue Department and it must be further ensured that no human activities are carried-on in the said area; vii. All the directions given by this Court in the instant petition are made absolute and they shall be complied with positively, faithfully and religiously; and vii. Petitioners Rajendra Kumar Razdan and Dr. Tej Razdan will be inducted as permanent members of the Jheel Sanrakshan Samiti. The Committee will also seek support and advice from the senior citizens of the City of Udaipur. We would particularly refer to Shri Jagat Mehta, Former Foreign Secretary, the Government of India. * * * * *