THE Rajasthan High Court took suo motu cognizance of widespread encroachments and illegal constructions on riverbeds and many other water bodies, terming them a direct violation of the Water (Prevention and Control of Pollution) Act, 1974 and d inaction on the part of the government administration.

Justice Anoop Kumar Dhand emphasized that conservation and protection of environment is an inseparable part of the right to life under Article 21 of the Indian Constitution, which apart from protection of human rights, imposes on them the obligation to protect and preserve a species against extinction.

The court mentioned that many rivers across the state were critically endangered and on the verge of extinction due to such illegal constructions and uncontrolled encroachments which were not only polluting the water bodies but also causing many other problems such as hindering groundwater recharge, disrupting essential ecological flows, and devastating biodiversity along rivers.

She thus underlined the need for sustainable management and conservation of water resources for the well-being of the plant and the prosperity of future generations.

The Court referred to the doctrine of “public trust” enunciated by the Supreme Court in the case MC Mehta vs Kamal Nath and others whereby resources such as air, water, sea and forests are held by the government under trusteeship for the free and unfettered use of the general public. The Court held that,

“Resources such as air, sea, water and forests are of such importance to the entire population that it would be completely unjustified to make them a subject of private property. The State, as the custodian of natural resources, has a duty to maintain them not only for the benefit of the public, but also for the best interest of flora and fauna, wild life, etc.

The Court further held that when the entire country is facing a huge shortage of drinking water, which is also a global phenomenon, the regulatory/statutory authorities must act responsibly for the protection of the environment and the ecology of wetlands and water bodies.

The Court highlighted a recent article in a local Hindi newspaper, ‘Rajasthan Patrika’, which highlighted the continued encroachments affecting several lakes and ponds, and said that the various statutory authorities constituted to act as a watchdog for the protection of these places were not very sincere and serious. .

“Despite numerous directives issued by the courts and the National Green Tribunal (NGT), the audacity of the encroachers seems to be growing day by day. They continue to relentlessly invade these precious bodies of water, while the government administration remains largely inactive, resembling a silent spectator… This uncontrolled exploitation threatens not only biodiversity but also the very health of our ecosystems.

The Court further observed that every day there was fresh news in the media indicating serious failure of the Central and State Governments to protect the rivers from illegal constructions and encroachments or to take necessary action under the Environment (Protection) Act 1986.

In this context, the Court said that it is time to act decisively to save water resources so that our descendants do not blame us for our inaction, otherwise the civil war of a third world war would break out due to water shortage. It was observed that this was a collective responsibility of individuals and government authorities.

“Our ancestors saw water in rivers and bodies of water. We saw water in the taps. If the situation remains the same and we do not take urgent measures to safeguard our water resources for future generations, then the next generation will see bottled water. If no serious action is taken now, the future generation will see water in capsules. »

Observing this, the Court took its own cognizance to find an effective and expeditious measure to stop unauthorized constructions and encroachments on rivers and water bodies and to save water and species.

Without issuing any directions at this stage, the Court directed that a show cause notice be sent to the Ministry of Jal Shakti, New Delhi; Ministry of Environment, Forests and Climate Change, New Delhi; Chief Secretary, Rajasthan; Additional Chief Secretary, Department of Home Affairs, Rajasthan; and Additional Chief Secretary, Department of Public Health Engineering, Rajasthan.

A report was also sought from them on effective measures taken to prevent encroachment and illegal and unauthorized constructions on and near river lands and water bodies.

Title: Suo Motu: Regarding the protection of rivers, lakes and bodies of water from illegal constructions and encroachments

Click here to read/download the order