MATHUR, J. - (1.) PETITIONERS in both the writ petitions Praveen Khandelwal and Rajendra Kumar Rajdan have highlighted the problems concerning the lakes in the City of Udaipur. They have expressed concern regarding increasing pollution in lakes and desired that supply of clean drinking water should be given top priority. They have also expressed concern about the increasing number of hotels near Pichhola Lake. It is stated that more than one lac people reside and there are about seventy hotels around the lakes in Udaipur City to discharge their effluent into Pichhola, Swaroop Sagar and Fateh Sagar Lakes. In short, the lakes which were life line of the inhabitants of City of Udaipur, are rapidly turning into a death trap on account of the pollution in water, heavy siltation and encroachments. Reference has also been made to some of the writ petitions filed earlier and the directions given therein.
(2.) UDAIPUR Lake System is very old and well known in the Country for its scenic beauty. Thus, it is called as City of Lakes. Located in Serane Saucer shaped UDAIPUR Valley and drained by a tributary of Berach river system, this lake system has harboured, cherished and nurtured a unique ecological wetland system. There are mainly four lakes, which are collecting the fresh rain water-They are- (1) Pichhola Lake (2) Swaroop Sagar Lake (3) Fateh Sagar Lake and (4) Badi Lake Besides the above, there are rural lakes called Udai Sagar Lake and Udai Niwars Lake. All these lakes are inter-connected. These lakes have made the landscape attractive for the tourists all over the world. The million of people of UDAIPUR District are taking use of water for drinking purpose as well. Unfortunately, these major source of drinking water have gone degraded over a period of years due to human activities such as sewage disposal, bathing and washing activities etc. There has been indiscriminate addition of ingredients by way of domestic wastes. A high concentration of habitation around the lakes is one of the main cause of affecting water problem. Hotel complexes and residential colonies are coming up around the lakes, which have further deteriorated the quality of the water. Petitioner has placed on record the proceedings of one day workshop held at Udaipur on 7. 06. 1995, organised by Department of Environment to formulate "site Specific Management Plat for Udaipur Lakes System". In the said meeting, Dr. Vats, Addl. Director, Ministry of Environment & Forests, Govt. of India, informed that the Govt. of India has selected 21 lakes under the National Lakes Conservation Plan and Udaipur Lakes System is one of them. He also informed that adequate funds have already been arranged for its implementation. It was also pointed out that as a pre-condition to take up Udaipur Lakes System under the said plan, the State Government should freeze environmental status of areas within 200 meter of the High Flood Level of the lakes so that further deterioration does not take place. He specifically mentioned that 200 m zone around lakes may be declared as "no Construction Zone". He also briefed about the objectives of the lakes of the National Lakes Conservation Plan. The Secretary, Environment, Government of Rajasthan, stated that of late: Lakes in Udaipur are facing problem of environmental deterioration, siltation and also shrinkage in its area. He described action of the authorities of the State administration as isolated and impressed for the proper co-ordination. He also emphasized for preparing a comprehensive Project Report. He also informed that there is proposal to constitute a State Lakes Development Authority. The views were also expressed by the representatives of the various departments, local bodies, Non-Officials and Non-Government Organisations. The points, which emerged out from these presentation and subsequent discussions, were summarised as under: " (i) All the effluents generated from houses, hotels etc. should be diverted. (ii) The present practice of dumping the garbage near the lake shores should be stopped immediately and it should be scientifically dumped at identified areas and should be converted into compost fertilizer. (iii) Lake Conservation Authority which is proposed to be constituted should have legal force. This must have representation from Government officials, local bodies, non-officials & NGOs. (iv) Industries should not be allowed near the sources of water supply to the lakes and new industrial area must be developed beyond Dabok Airport. (v) Industries should not be allowed in the catchment area of the lakes because human interference will increase even if the industries are of non polluting nature. (vi) No fishing contracts should be given for the lakes, as it interfere with self cleaning system of lakes. (vii) Special types of fish should be introduced to clean the lake waters. (viii) Immediate steps should be taken for approval of master plan. (ix) Number of good schemes have been prepared by many organisations and individuals which should be utilized for preparing the comprehensive scheme. Also lot of academic research have been carried out on various aspects of the lakes which may be very useful for preparation of a long term comprehensive management plan for the lakes. " The Green Arc Society, hereinafter referred to as "the GAS", a Non-Governmental Organisation, organised a Seminor on Lake Systems of Udaipur-Challenges and Responses, on 5. 06. 1996. The Seminar was organised by several NGOs of Udaipur. Some of the NGOs, which attended the Seminar, were `intach Udaipur Regional Chapter, Sewa Mandir, Mahavir International, Mahavir Viklang Sahayata Samiti, Jheel Sanrakshan Samiti, Paryavaran Vahini, Rotary Club, Vigyan Samiti, IFFOC, Bharat Vikas Parishad and Government Departments viz. , Forest, District Administration, Rajasthan Pollution Control Board, All India Radio etc. In the Seminar, following recommendations were made: " 1. Effective Monitoring of water quality at 5 stations, set up by the Rajasthan Pollution Control Board, should be made. The Data-base should be strengthened. Sharing of data and support activities through joint meetings with NGOs viz. Jheel Sanrakshan Samiti, Green Arc Society, INTACH etc. should be convened once in two months. The RPCB proposal of collecting water samples jointly by RPCB and Representatives of NGOs was also welcomed and accepted. 2. Necessary Thrust should be given for the sanction of the Project of Lake System of Udaipur under the National Lake Conservation Project. The Department of Environment, Government of Rajasthan, should be persuaded to approach Govt. of India and Govt. of Rajasthan for according an early sanction of the Project. This project will include (a) diverting drains to a new Sewage System with Sewage Treatment Plants; (b) disilting of Lakes; (c) construction of `sulabh' Toilet Complexes on the periphery of lakes; (d) construction of separate Bathing and Washing facilities outside the Lakes; (e) collection and treating of solid waste away from lakes and (f) massive afforestation and soil and water conservation works in the Catchment area of the lake system. The project after sanction should be implemented on a time bound programme. 3. State Government should be requested to expedite the schemes of Mansi-Wakal, Dewas and Gorana in order to save the water regime of lake System of Udaipur and to provide clean, healthy drinking water to Udaipur. 4. In order to revive and maintain the natural purification of water bodies, Fisheries Contract be discontinued in Fatehsagar lakes. 5. Badi Lake should not be allowed to be contaminated and be preserved in the present form. This could be used as a Drinking Water Storage Tank in future. The permission granted to M/s Bhandari Cottage Farms Udaipur to set up a Resort Hotel on a 5. 29 ha land on the banks of Badi Lake near Nathavato Ka Guda (Tehsil Girwe) should be cancelled with immediate effect and the work of construction should be immediately stopped. 6. No permanent construction activity be permitted within 200 metres of the High Flood level of the Lake System and Government should issue notification to this effect. 7. Permission to set up industries in the catchment area of the Lake System i. e. Sisarma area of Jhadol Road should not be granted in future. However, this Ban for Non-toxic, Non-polluting industries could be relaxed. 8. The Master Plan of Udaipur should be finalised without delay which should provide adequate areas for Hotel construction away from the lakes. 9. Intensive work of Forestry, Soil and Water Conservation, Watershed Development, Agro-forestry should be carried out in Forest and Non-Forest areas in the catchment area of the Lake-System. Joint efforts be made by the Forest Department, DRDA, Soil Conservation and Watershed Development Department, to treat the catchment area so that the erosion and siltation are reduced to a bare minimum. 10. Improved methods of Bio-manipulation and qualitative assessment of aquatic flora and fauna should be done. Periodical Harvest of weeds viz. , water Hyacinth and Green Algae should be carried out over a long period. Such harvested weeds could be used as Fodder, Fuel, Fertilizer and even for bio-gas production, Food chain manipulation through Fish Stock (viz. Cat fish for Green Algae control) should be made. 11. State Government should constitute an autonomous Lake Authority of Udaipur for an effective control and management of the Lake System. " Petitioners have also referred to a decision of this court rendered in Balwant Singh Mehta vs. State of Rajasthan (1), wherein this court directed to constitute a committee to examine the details with respect to pollution of water in the lakes. The committee was constituted under the chairmanship of the Collector. The Court disposed-of the writ petition saying that if any of the measures, which have been suggested by the Committee, have not been taken so far for prevention of pollution of water, then that should also be taken as far as possible within six months. The common grievance of the petitioners is that the said directions of this court have not yet been complied-with. Shri Rajendra Kumar Rajdan, petitioner in D. B. Civil Writ Petition No. 4271/1999, has placed on record number of photographs showing complete neglect on the part of the State administration, local bodies like Municipal Corporation, U. I. T. , Udaipur as well as inactiveness of the Pollution Department. It is submitted that if this state of affairs continues, the fate of these lakes will be at the verge of extinction. He has gone to the extent of submitting that the present generation, which is answerable to the posterity, will not be in a position to convince them that sometime there existed these lakes, which were famous for their scenic beauty and historic values. The details of the photographs with the comments of the petitioners are noticed as follows- Photograph Number Details of Photographs "01 to 03 SWAROOP SAGAR LAKE (West Bank) 01-02 Official Municipal dump yard of city waste which contains highly polluted, infected, sewrage material even human and animal excreta. 03 Local sewrage & polluted domestic waste water even septic tank overflow is being directed into lake as referred above. 04-07 PICHHOLA LAKE (Northern end) Photographs showing official Municipal City garbage and sewrage and sewrage dump yard, material of densely populated City area, domestic drainages and septic tank outlets are led open in this area of the lake, construction waste material is also thrown in this space, general public is also using this area of this lake for their easing of daily Nature Calls. The best part of administrative negligence is that a big dia water tube-well is catering water to the local citizens of this area without proper filtration and disinfecting the water of this tube-well. Most of the unlawful constructions, unauthorised possessions are existing in this area and this area is also extension of the city. The construction and down pour of the local houses sewrages and drainage systems in and around the lake, dumping of waste materials and silting formation due to surrounding de-forestation has not only exposed the city to the floods and also have reduced the water retaining capacity of these lakes of Udaipur, nigrogenous compounds and other harmful salts are also encouraging day by day. 08-20 PICHHOLA LAKE (WESTERN BANK)-HARIDASJI KI MAGRI AREA: Photographs revealing a huge hotel/commercial centre of OBEROIS Trident Project Phase I, II & III very specifically Udai Vilas Hotel Project is in full swing in the once called JUNGLE 7 BEED hilly area on the landscape is reduced to earth by using heavy earth movers and other blasting equipments. This project of the Hotel is just on the bank of the main Pichhola Lake, and is crux of the whole of problem centre. Basically in the Princely times this whole area was meant for and termed as Beed and Jungle. Order of the Collector dated 9. 12. 75 and that of Compensation Commissioner (Divisional Commissioner) Udaipur dated 16. 05. 1995 confirms the same. Both the orders abstracted copies are being enclosed and being marked as Annexure No. 06 and 07 and this area was meant for hunting purposes, animal grazing and firewood collection area and never happened to be Abadi area which the State Government and the District Administration have listed as Abad at later stages. The best part of District Administration and State Government is that the complete area construction of this hotel falls within the ambit of NO CONSTRUCTION ZONE of the State Government which is enclosed and earmarked as Annex. No. 01 with this. The State Pollution Control Board have also stretched their arms by extending and renewing the original permission retrospectively. Even the constructions undertaken by this hotel are not at part with the what Urban Improvement Trust, Udaipur has granted them. Also a huge overground LPG Storage Tank has been erected near their Power Sub-Station and very near to the western back of the Hotel Trident. They have also prepared a Jetty touching and constructed in the highest flood zone of Pichhola Lake and it has also been found that during the night times the waste material of the construction site is being thrown by the dumpers and heavy earth-movers in the lake. 21 Area circled as constructions on Eastern side of PICHHOLA LAKE bank as stated under para 11 (b) to (i) this is also in the NO CONSTRUCTION ZONE. 22 Photographs showing construction of GHAT and so-called park ob Urban Improvement Trust, Udaipur in the High Flood Zone thereby reducing the retaining capacity of water in SWAROOP SAGAR LAKE again area in No CONSTRUCTION ZONE. 23 to 32 Photographs showing site of FATEHSAGAR LAKE PHED WATER PUMP HOUSE various supply and suction distribution pipes in a area which is containing highly polluted, obnoxious, contaminated water which is used and supplied to the Udaipur citizens and dumping of city waste in the lake. This is also in the NO CONSTRUCTION ZONE. 33 Construction of SULABH TOILETS just 30' away from the FATEHSAGAR LAKE the SEPTIC TANK and discharge tank of urine and human excreta is also in this premises, also the Toilet area is provided with a tube well for drinking and washing water for general public (circled with black ink ). This construction is also in the NO CONSTRUCTION ZONE. 34 to 37 Area of Hotel Lakend is the FATEHSAGAR LAKE and very much part and parcel of FATEH SAGAR LAKE which is being filled with waste construction material which will reduce the water bearing capacity and will reduce the area of FATEHSAGAR LAKE. This area is under great political influence for making it a commercial garden. This is also a disputed property as well as in the NO CONSTRUCTION ZONE as well as in High Flood Level. Picture 37 clearly reveals the fact that this piece of land used to remain submerged in the FATEH SAGAR LAKE but has been filled and brought to a state of dry patch for which few days back the URBAN IMPROVEMENT TRUST, UDAIPUR, TRIED TO CLEAR THE DUMPING MATERIAL, BUT STATE GOVERNMENT STOPPED SAME. Latest Newspaper clipping with this, at AN. No. 04 (05 ). 38 Back wash residual water after filtration polluted water being allowed freely in the FATEH SAGAR LAKE by the State HED filter pump house of FATEH SAGAR LAKE IN Madam irrigational channel. 39 NAGAMAGRI HOTEL, CONSTRUCTION Area at the Northern end (Ghat) of PICHHOLA LAKE in NO CONSTRUCTION ZONE. 40-46 Pictures of SWAROOP SAGAR LAKE which is being dumped with construction waste material, human and animal excreta waste material and highly contaminated waste diluted water and is a link lake in-between PICHHOLA & FATEHSAGAR, its depth is reduced from around 45 feet to 20 feet if not prevented this lake and the PICHHOLA LAKE will be at the verge of its extinction. This is becoming a official septic tank and waste collection centre of Udaipur instead of lake. 47-48 Pictures of Ghat in the SWAROOP SAGAR -FATEHSAGAR connecting canal which has reduced the water bearing capacity of these lakes and also falls in the HIGHEST FLOOD AREA. These are also in the NO CONSTRUCTION ZONE. "
(3.) A reply has been filed on behalf of the Municipal Corporation, Udaipur. It is averred that the P. H. E. D. , Department of Rajasthan, is mainly responsible for the supply of drinking water. According to the statistics of the PHED Department, presently, the population of the Udaipur City is about 4. 50 lacs and the total domestic demand at the rate of 140 LPCD is about 63. 00 MLD. The main surface water sources for the supply of water in the City of Udaipur are lakes-Fateh Sagar, Pichhola, Jaisamand and Badi. The water from these sources are filtered at nine places of Urban Water Supply Scheme. It is further averred that after commissioning of Jai Samand Scheme. 20 MLD water is pumped to Udaipur and withdrawal of raw water from lake Pichhola has been reduced. The major part of raw water for this Urban Scheme is now being supplemented from lake Jaisamand, Fateh Sagar and Badi. The raw water after undergoing the treatment process is free from colour, algae and turbidity and is crystal clear, which is being tested to satisfy the chemical standards of drinking water as per WHO ISS (10500-1983) and Ministry of Works & Housing, Govt. of India. The water after undergoing the filteration treatment process is also tested for Bacteriological test of drinking water and Residual Chlorine at tail end localities of the town. Thus, according to the Municipal Corporation, completely treated potable water is being supplied to the town. With respect to the sewrage line, it is averred that they are the assets of the PHED and maintained by the Municipal Corporation. Some details have been given to show that the efforts have been made to prevent pollution in lakes. It is pointed out that Waste Land Board of the Government of India has sanctioned Rs. 252 lacs for construction of 45 Micro Water-shed projects to prevent silt and dirt falling into the lakes. Works have been undertaken in 3044 hectares to plant trees on the hills to develop the grazing, pasture land and utilise barren land. The D. R. D. A. has also taken 18 water-shed projects covering 7770 hectares at the cost of Rs. 31 lacs in the catchment area to prevent solid waste and silt. It is also averred that looking to the over all difficulty and the problem, an agreement has also been entered between the National Environmental Engineering Research Institute (NEERI), Nagpur and the Govt. of Rajasthan through the Collector, Udaipur. The Terms of Reference is under the heading "implementation of Short Term Ecological Engineering Measures for Construction of Lakes Eco System in Udaipur. A copy of the agreement has also been placed on record. Mr. R. L. Jangid, learned Additional Advocate General appearing for the State, has brought to our notice that a Society has been constituted in the name and style of Jheel Vikas Society. The same has been registered by the Registrar of the Societies, Udaipur, on 11. 10. 1999. The memo of Constitution shows that the Divisional Commissioner has been designated as the President of the said Society, whereas the District Collector, Udaipur, has been designated as Vice President. That apart, Member of Parliament from Udaipur Constituency as well as two sitting M. L. As. from Udaipur and rural have been inducted as Members. The President UIT Udaipur, Chairman Municipal Council Udaipur, Addl. Collector (City), Superintending Engineer (Irrigation), Superintending Engineer UIT, Senior Town Planner, Superintending Engineer Pollution Board, Senior Accounts Officer and Deputy Legal Advisor are its members. The Secretary, UIT is a member of the Society. It is submitted that the Government of Rajasthan is keen to solve the problem. The matter relating the project with regard to the sewrage system of Udaipur City, a number of meetings have already taken place and regular meetings are being held with NEERI, Nagpur. The NEERI has already submitted its report and the same shall be executed very soon. According to the project report, it is likely to cost around twelve crores. Six crores are to be shared with the State Government, Rs. two crores by the UIT, Rs. two crores by the Municipal Corporation and Rs. two crores will be collected from the public by way of public contribution. The UIT, Udaipur, has also adopted a resolution to pay Rs. two crores as also share for completing the project. It is averred that the UIT, Udaipur will spend Rs. 40 lacs for removing the "jalkumbhi" from the lakes. It is pointed-out that after registration of the Constitution of the said Society, its first meeting was held on 9. 12. 1999 in which several important decisions have been taken. So far as the sewrage project is concerned, the department of PHED will immediately examine the practical aspects of the project for the purpose of implementing the same with the help of local citizens and other authorities. It is submitted that as soon as technical clearance of the project is obtained, the authorities of the department will immediately prepare the technical details and tender document will be prepared and tenders will be invited so as to start the work of project immediately. Mr. Karnavat, Superintending Engineer, PHED, present in the court, has assured that the process of technical clearance shall be over by the end of third week of May, 2000. As far as the funds of the project is concerned, it is submitted that first phase of lakes conservation project, which includes sewrage line, construction of washing and bathing Ghats, sewrage treatment plant and other related work like eradication of Jalkumbhi, weeds and solid wastes from the lakes, will require about Rs. 34 crore, out of which the Urban Development Department has allocated Rs. 30 crores, which shall be available from Asian Development Bank Loan latest by the end of June or July, 2000. So far as the remaining amount of Rs. 4 crore is concerned, the same shall be contributed by the UIT, Udaipur, as well as Municipal Council, Udaipur, in the proportion of Rs. 2 crore each. A photo copy of the allocation letter dated 5. 2. 2000 is also placed on record as Ex. R. 2 showing that the amount of Rs. 30 crore has been allocated for the waste water arrangement. In addition, it appears that the amount of Rs. 34 crores has been raised in place of Rs. 12 crore as estimated earlier. A sum of Rs. 15 lacs from the account of District Collector (Public Contribution A/c) has been transferred to the account of Society. Mr. T. R. Agrawal, Sr. Accounts Officer, has been nominated to discharge the duties of Accounts Officer of the Society. The Member Secretary of the Society i. e. the Secretary UIT, Udaipur, has undertaken many other projects after obtaining administrative sanctions from the Chairman of the Society. It is particularly pointed out that desilting and deepening of lakes was undertaken from 22. 1. 2000 in Fateh Sagar and from 16. 4. 2000 in Braham Kund (Kumariya Talab) near Rang Sagar. It is pointed out that the said work is continuously going on through LNT-90, which can load 300 dumpers a day (8 hours), having the excavator capacity. 9 cubic meters, excavating and loading 300 dumpers a day resulting into 27000 dumpers of soil weighing about 3,24,000 tonnes soil and the same has been removed from Fateh Sagar and the deepening of 20% of the dry area of Fateh Sagar for about 4 ft. has also been done. The details have also been given with respect to Braham Kund. It is pointed out that the tank, which is almost filled with the solid waste, is the source of Jalkumbhi and other pollution as it is lying on the up-stream side of the Rang Sagar, Swaroop Sagar and Fateh Sagar, is also being cleaned. As far as the construction of buildings around the lakes is concerned, the UIT, Udaipur has framed the bye laws in the name of U. I. T. Udaipur (Urban Area Building) Bye Laws, 1999, hereinafter referred-to as "the Bye Laws". These Bye Laws have been submitted to the State Govt. for approval. It is also submitted that after the notification dated 17. 1. 1997, U. I. T. , Udaipur, has not granted any permission of construction of the buildings either residential or commercial in the areas as mentioned in the said notification. Reply is supported by the affidavit of Shri Satya Narain Lathi, Secretary, UIT, Udaipur. In a supplementary affidavit Mr. Ashok Yadav, Commissioner, Municipal Council, Udaipur, has substantially supported the affidavit of Shri Satya Narain Lathi, Secretary, UIT. In addition, he has stated that for disposal of waste material, near about 55 collection points (Kachra Stands) have been fixed. It is also stated that whenever inhabitants of the locality collect the garbage near the lakes, the employees of the Municipal Council will remove the same. With respect to the management regarding the soil waste, it is averred that a Govt. land measuring 15 acres in village Ballicha bearing Khasra No. 1996/1980 has been identified. The Collector has asked the Tehsildar to put up a proposal and send it to the Senior Town Planner for his opinion. The positive opinion has been received from the Senior Town Planner. The Asian Bank has granted a loan of Rs. 3 crore to the Municipal Council for completing the work within a reasonable period. It is also averred that the Municipal Council has a plan to set up a solid waste management project to utilise domestic waste. In carrying out the project, the help from the companies like NIT shall be taken. A document in that regard has been placed on record as Annex. R/2. ;