JUDGEMENT
MADAN B.LOKUR,J. -
(1.) These petitions are illustrative of how some interests can frustrate the rule of law and get away with it. What the petitioners are responsible for, apparently along with several others, is creating a water shortage in Jaipur City and also ensuring that Ramgarh Lake which was made famous in the Asian Games held in 1982 is now completely dry and the catchment areas of Ramgarh Dam are rendered completely useless. This is a tragedy of enormous Signature Not Verified Digitally signed by MEENAKSHI KOHLI proportions and rather unfortunately neither the State of Rajasthan Date: 2017.11.09 13:05:22 IST Reason:
nor the Jaipur Development Authority has thought it fit to take stern remedial action. They are thereby compounding the woes of the residents of the city of Jaipur. It is often said that power comes with responsibility - and so should it be with the State and the authorities and the petitioner, particularly when it concerns the interests of the people.
(2.) The origin of these petitions can be traced back to the decision of the Rajasthan High Court in Abdul Rahman v. State of Rajasthan. DBCWP No.1536 of 2003 decided on 2nd August 2004 In this decision, the High Court attempted, through a series of directions, to ensure free flow of water in the catchment areas of Ramgarh Dam (near Jaipur) and through Tala River and Banganga River. The directions were the conclusion of a public interest litigation in which a public spirited person approached the Rajasthan High Court and highlighted the necessity of protecting tanks and ponds in Rajasthan for a proper and healthy environment to enable the people to enjoy quality life, the essence of the right of a citizen guaranteed by Article 21 of the Constitution.
(3.) What is the significance of Ramgarh Dam? The dam was constructed in 1903 having a catchment area of about 769.20 sq. km. spread over four Tehsils, namely, Jamvaramgarh, Amer, Shahpura and Viratnagar. The water harnessed by the dam was, till 1978, a source of irrigation. Thereafter, it became a source of drinking water for Jaipur City. During the Asian Games held in India in 1982 Ramgarh Lake was one of the highlights of the Games and events relating to water sports were held in the Lake. Unfortunately, today the Lake is dry and apparently heavily encroached upon due to the omissions and commissions of various departments of the Government of Rajasthan. What is worse is that with the Lake drying up and the catchment areas without any water, Jaipur City is faced with a scarcity of water.;
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