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2021 DIGILAW 2324 (RAJ)

Col. Manohar Singh Rathore v. State of Rajasthan

2021-12-14

SAMEER JAIN, SANDEEP MEHTA

body2021
ORDER 1. The instant writ petition in the nature of Public Interest Litigation has been filed by the petitioners herein with the following prayers :- '10.1 It is, therefore, most respectfully prayed that by an appropriate writ, order or direction- the order dated 16.03.2018 (Annex. 2) issued by District Collector may kindly be quashed and set- aside. 10.2 By an appropriate writ, order or direction- the respondent authorities may kindly be directed to take appropriate action/steps to prevent its authorities and the other persons particularly respondent no. 8 from cutting Prosopis Juliflora (Vilayati Babul trees) including other trees and bushes. Also, they may further be directed to protect the existing tree line on the banks (both sides) of the Jawai river. 10.3 By an appropriate writ, order or direction- the respondent authorities may kindly be directed to plant trees in order to restore the position affected due to their action. 10.4 Any other writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the humble petitioner. 10.5 Costs of the writ petition may kindly be awarded to the petitioner.' 2. On a perusal of the pleadings of the writ petition, it is clear that the basic grievance of the petitioners is that owing to excess rains, often the Jawai river changes course and thereby the village Otwala and Revtada are inundated with flood water. As per the petitioners, Prosopis Juliflora (Vilayati Babool) trees, which are growing in abundance on embankments of the river, act as a protective shield against the course change of river and thereby protect these villages. 3. On these grounds, the petitioners have assailed the order dated 16.03.2018 issued by the District Collector, Jalore, whereby sanction has been granted for uprooting of the Prosopis Juliflora trees in this area. 4. The respondents have filed reply to the writ petition, wherein it is specifically asserted that the river Jawai changes course during heavy rains because Prosopis Juliflora bushes have grown in the riverbed, thereby obstructing the natural flow of water. The entire endeavour of the respondents to remove the Prosopis Juliflora trees is to prevent the obstruction in the natural flow of river. The entire endeavour of the respondents to remove the Prosopis Juliflora trees is to prevent the obstruction in the natural flow of river. Gram Panchayat Otwala sought permission from the Tehsildar Sayla for removal of the Prosopis Juliflora trees from the riverbed and in pursuance thereof, the public auction notice was floated and thereafter the permission has been granted to the bidder for removal of the obstructing bushes. Alongwith the reply, the respondents have placed on record a copy of the letter dated 07.06.2019 issued from the office of the Gram Panchayat Otwala, wherein it has been specifically mentioned that certain unsocial elements have raised Badas in the river flow area by growing Vilayati Babool trees, which cause obstruction in the river flow. 5. The petitioners have filed rejoinder and an additional affidavit to counter the assertions made in the reply of the respondents. 6. We have heard and considered the submissions advanced by the learned counsel representing the petitioners and the learned AAG and have gone through the material placed on record. 7. At the outset, we may note that the decision to remove the Prosopis Juliflora bushes was taken by the District Collector, Jalore in pursuance to a complaint received from the Gram Panchayat concerned. There is strong scientific evidence to support the proposition that rampant growth of Prosopis Juliflora bushes is disturbing the entire ecology of the area. These trees are not a native species and were initially imported and planted in order to stop propogation of the desert. However, with efflux of time, these bushes, which are very resilient, have now assumed the status of an invasive species causing extensive damage to the soil and ecology of many areas in Rajasthan. The Government is rather faced with serious challenges for removal of these trees, which destroy the local fauna and flora and a great deal of expenditure and effort is required for the removal thereof. The respondents have taken a pertinent plea that the removal of the bushes is being done from the riverbed because the uncontrolled growth of the invasive plant species has created obstruction in natural flow bringing about the change of course of the river in the event of heavy rains. The petitioners have not been able to controvert this pertinent submission of the respondents by presenting any reliable evidence. 8. The petitioners have not been able to controvert this pertinent submission of the respondents by presenting any reliable evidence. 8. In this background, we are of the firm view that the impugned order whereby the District Collector directed removal of Vilayati Babool bushes from the riverbed does not suffer from any illegality or arbitrariness warranting interference therein. 9. However, while removing the obnoxious Babool bushes, the respondents should also undertake an exercise of planting local species of trees/bushes on the embankments of the river so as to strengthen the same and to ensure that water flows in the designated channel/natural flow stream of the river. 10. The writ petition is disposed of with the above observations. No order as to costs.