Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 1255 (RAJ)

Gram Panchayat Ridmalsar v. State of Rajasthan

2023-07-03

AUGUSTINE GEORGE MASIH, VINIT KUMAR MATHUR

body2023
JUDGMENT : 1. The present appeal has been filed against the order dated 15.05.2023, whereby the learned Single Judge has disposed of the writ petition of the appellant-Gram Panchayat by allowing the appellant to file a representation to the respondents and has also allowed the respondents to construct an Over Head Water Storage Reservoir at Khasra No. 1160 of Gram Panchayat, Ridmalsar. 2. Learned counsel for the appellant vehemently submitted that the Over Head Water Storage Reservoir for supply of water cannot be allowed to be constructed on the ‘Gochar Land’ without permission of the Gram Panchayat. He further submits that if the Over Head Water Storage Reservoir is allowed to be constructed on the subject piece of Gochar Land of Khasra No. 1160 of Gram Panchayat Ridmalsar, then number of villages of the appellant-Gram Panchayat will not receive the adequate supply of water due to the existence of the sand dunes on the way obstructing the laying down of the pipelines. He further submits that appellant- Gram Panchayat is ready and willing to give a piece of land for construction of the Over Head Water Storage Reservoir in the Abadi Area. He, therefore, submits that present appeal may be allowed and the order passed by the learned Single Judge may be quashed and set-aside. 3. We have considered the submissions made at the Bar and have gone through the relevant record of the case. 4. The official respondents in the reply to the writ petition have categorically stated that the Over Head Water Storage Reservoir is being constructed on the RCC Pillars and will not occupy much of the Gochar Land. The residents of four villages i.e. Ridmalsar, Deepnagar, Dev Nagri & Manasar will be benefited by the construction of this Over Head Water Storage Reservoir for the supply of drinking water. It is further averred in the reply that the Over Head Water Storage Reservoir is being constructed after a proper survey of the area and maximum villages will be benefited after construction of this Over Head Water Storage Reservoir. The construction of Over Head Water Storage Reservoir will not cause any hindrance to the cattle for grazing at the said land. The construction of Over Head Water Storage Reservoir will not cause any hindrance to the cattle for grazing at the said land. The detailed reply filed to the writ petition clearly depicts that the construction of Over Head Water Storage Reservoir is in the Larger Public Interest and for supplying the drinking water under the “Jal Jeevan Misssion.” 5. We are of the view that since the larger interest of the general public is served in the present case by construction of the Over Head Water Storage Reservoir and the experts on the subjects have already cleared the project, thus, it cannot be presumed that some of the villages will not get the water supply. The technicalities of not having formally obtained the consent of Gram Panchayat should not come in the way for construction of the Over Head Water Storage Reservoir. 6. In view of the discussion made above, we are in agreement with the view taken by the learned single Judge. 7. The appeal is, therefore, devoid of any force and the same is hereby dismissed.