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2025 DIGILAW 912 (RAJ)

Ishwar Singh Chundawat S/o Shri Umaid Singh v. State of Rajasthan

2025-03-21

VINIT KUMAR MATHUR

body2025
ORDER : VINIT KUMAR MATHUR, J. 1. Heard learned counsel for the parties. 2. The present writ petition has been filed against the order dated 26.05.2023 (Annex.26) passed by the District Collector, Bhilwara, whereby the representation, filed by the petitioners in light of the order dated 26.05.2022 passed by this Court in S.B.Civil Writ Petition No.11343/2020, has been rejected. 3. Briefly noted facts of the present writ petition are that all the petitioners are residents of Village Daulatgarh, Tehsil Asind, District Bhilwara, including Petitioner No. 1, who is a member of the erstwhile Thikanedar and Petitioner No. 22, whose wife has been elected as a Panch. The village Daulatgarh has four ponds viz., (i) Pond Dingodiya, (ii) Pond Jai Sagar, (iii) Pond Devi Sagar, and (iv) Pond Nahar Sagar. Out of these ponds, only Pond Dingodiya is being used for irrigation purposes, while the others primarily serve the villagers for storage of water being smaller in nature. The revenue record for Pond Jai Sagar indicates its catchment area to the tune of 15 bighas with certain portions to be used for cultivation and supplying drinking water to cattle. The Jai Sagar Pond is located at Aaraji No.1635 of Village Daulatgarh, which is classified as “Gair Mumkin Nadi” in the revenue records and the adjacent Khasras i.e. Khasra Nos.1632, 1664, and 1636 are recorded as “Gair Mumkin Rasta” and Khasra No.1633 is recorded as “Gair Mumkin Nadi”. The pond and catchment area are situated in Khasra Nos.1633 and 1635, covering 0.0600 and 0.6900 hectares of land. The surrounding land is being used as pathways. It is stated that the petitioners' lands have been adversely affected by unauthorizedly raising the wall of the Jai Sagar pond by the Panchayat, increasing the water storage and flooding their fields during the rainy season, causing crop damage and loss. The pond's catchment area has been expanded from 15 bigha to 100 bigha, encroaching upon the petitioners' private land, leading to further hardship. Additionally, the Gram Panchayat is profiting from fishing activities in the pond without proper authorization.The villagers of Daulatgarh being affected by raising of the Jai Sagar Pond wall, filed a Writ Petition (S. B. Civil Writ Petition No. 11343/2020) seeking restoration of the original height of the pond's wall as per the original revenue record. Additionally, the Gram Panchayat is profiting from fishing activities in the pond without proper authorization.The villagers of Daulatgarh being affected by raising of the Jai Sagar Pond wall, filed a Writ Petition (S. B. Civil Writ Petition No. 11343/2020) seeking restoration of the original height of the pond's wall as per the original revenue record. While deciding the S.B. CWP No.11343/2020, this Court, in its order dated 26.05.2022, observed that the matter falls under the domain of expert bodies responsible for water management in the area, therefore, it was directed that the District Collector, Bhilwara shall consider and decide the petitioners' representation. The representation dated 06.07.2022, along with subsequent applications filed in light of this Court's order dated 26.05.2022 passed in SBCWP No. 11343/2020 and the reports from the CEO, Zila Parishad were considered by the District Collector, Bhilwara, and ultimately, the representation was rejected vide order the dated 26.05.2023. Hence, the present writ petition has been filed. 4. The learned counsel for the petitioner vehemently argued that the Khatedari land of the petitioners has been submerged on account of rise in the water level of Jai Sagar Pond, which is adversely affecting the rights of the petitioners as the petitioners cannot use their agriculture land on account of the same being submerged in water. The learned Counsel further submits that the precious cultivable agricultural land, which produces three crops in a year has become useless as the same has been submerged in the water and the reason for this is the inaction on the part of the respondents as they have constructed the anicut wall of Jai Sagar pond without following the due process of law. 4. The learned counsel submits that there is no mechanism to maintain the water level of Jai Sagar pond and, therefore, the situation mentioned above is creating huge problems for the poor agriculturists of the area. The learned Counsel further submits that there is one more pond namely ‘Dingodia Pond’ on the downstream of Jai Sagar pond, which has more capacity to hold water and if some mechanism is adopted, then both the ponds can hold the water to their optimum capacity, leaving the agricultural land of the petitioners for its best utilization for cultivation. The learned Counsel further submits that there is one more pond namely ‘Dingodia Pond’ on the downstream of Jai Sagar pond, which has more capacity to hold water and if some mechanism is adopted, then both the ponds can hold the water to their optimum capacity, leaving the agricultural land of the petitioners for its best utilization for cultivation. He submits that there are conflicting reports of the committees, and only because of these conflicting reports, the problem of the villagers of village Daulatgarh have not been redressed in a proper manner. He therefore prays that appropriate directions may be issued to the competent authorities of respondents to redress the grievances of petitioners. 5. Per Contra, the learned Counsel for respondents vehemently opposed the submissions made by the learned counsel for the petitioners and submits that the matter was examined by the competent authorities on a number of occasions and after the reports having been received from different committees, it was decided that the wall of the Jai Sagar pond cannot be reduced. He further submits that the reduction in wall of Jai Sagar pond will have adverse effect on the villagers as detailed out in the order impugned dated 26.05.2023. Besides this, the learned counsel for the respondents submits that the water level of Jai Sagar pond increases only in rainy season and the same is not only useful for the villagers, but also extremely helpful for the villagers of the nearby vicinity as well. He further submits that conservation and preservation of water is extremely necessary and important in the State of Rajasthan as the State of Rajasthan is always having deficit rainfall, resulting into dearth of sweet water. He further submits that the respondents will ensure maximum utilization of rainwater collected in Jai Sagar pond by adopting proper mechanism for maintaining the water level of the Jai Sagar pond in the best interest of all the villagers, including the petitioners. 6. I have considered the submissions made at the bar and gone through the relevant record of the case. 7. The village Daulatgarh, situated in district Bhilwara, is having four water bodies (Ponds), out of which, one is Jai Sagar pond. It is a matter of great solace that it is being filled up in the rainy season. 6. I have considered the submissions made at the bar and gone through the relevant record of the case. 7. The village Daulatgarh, situated in district Bhilwara, is having four water bodies (Ponds), out of which, one is Jai Sagar pond. It is a matter of great solace that it is being filled up in the rainy season. The preservation of the rainwater is having a vital significance, therefore each drop of water is required to be preserved, conserved and utilized with utmost care. It is true that there are different reports submitted by the committees on more than one occasions after holding the inspection of the area in question. It may be the case that there are conflicting reports, but all the committees’ reports have unanimously opined that the wall of Jai Sagar pond should not be reduced. 8. Although this court is not an expert body to direct the respondents as to how and in what fashion the problems/grievances raised by the petitioners be mitigated and resolved, as the subject matter squarely falls within the sole domain of expert engineers and competent authorities dealing with such situations, however, this Court deems it appropriate that, if the Jai Sagar pond is getting enough rainwater in every season making the large parts of the khatedari lands of the petitioners submerged then, either the petitioners can be allotted that much of land in nearby areas or the water level of the Jai Sagar pond may be maintained by adopting a mechanism to release the excessive water in the pond situated at downstream of Jai Sagar pond i.e. Dingodia ka Talab. 9. This Court is firmly of the view that the area in question receives adequate rainfall, resulting into Jai Sagar pond being filled up, therefore, there is no question of reducing the wall of the Jai Sagar pond. This Court is also of the view that it is the need of the hour that the places like the present Jai Sagar Pond, where good amount of rainfall is received, should be identified by the State of Rajasthan, and steps for conservation and preservation of the rainwater received in such areas should be made which will be greatly beneficial and helpful for the people of that area. 10. 10. The conservation and preservation of water are extremely crucial in the State of Rajasthan, as it frequently experiences the deficit of rainfall, leading to a shortage of fresh water. Due to its arid and semi-arid climate, water resources in the State are limited, making it essential to adopt recourse for water conservation. Traditional water harvesting methods like stepwells, johads and bawris have played a vital role in preserving water for centuries. Maximum utilization of available water, reducing wastage and adopting initiative techniques will help in ensuring a sustainable water supply for future generations in the State of Rajasthan. 11. In view of the discussions made above, a high powered committee consisting of (i) Divisional Commissioner Ajmer, as Chairperson, (ii) Chief Engineer, Water Resources Department and (iii) Chief Engineer, Irrigation Department as its members is constituted to look into the various reports and consider the grievances of the petitioners. The committee may personally visit the area in question and decide the matter in the best interest of everybody including the petitioners. The committee shall undertake the entire action within a period of two months from today. 12. With above observations and directions, the present writ petition is disposed of. 13. The stay petition as well as other pending application(s), if any, shall also stand disposed of accordingly.