ALOK SHARMA, J. - (1.)
(2.) THIS petition has been filed with the following prayers: - i) by issuance of suitable writ, direction or order in the nature thereof thereby the Hon'ble Court may kindly be pleased to direct the respondents not to release water from the Chaparwada Dam (Dudu, District Jaipur) and further restrained the respondents not to reduce the 4 feet level from the Dam and maintained the 4 feet water level in the Chaparwada Dam (Dudu, District Jaipur). ii) Any other order or direction, which your lordships may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioners and in the interest of justice. iii) The writ petition may kindly be allowed throughout with costs. The facts of the case are that the petitioners were granted fishing rights in Chaparwada Dam, Dudu, District Jaipur in pursuance of a license granted by the Chief Executive Officer, Zila Parishad, Jaipur under Rajasthan Fisheries Rules, 1958 as amended in the year 2003. Subsequently, the license of the petitioners were renewed vide order dated 8th April, 2011 for the following year ending 31st March, 2012. As per the submission of counsel the petitioners are further entitled to renewal of the said license up to year 2014 -2015. The petitioners are stated to have deposited the license fees up to the current year. The petitioners are stated to be presently carrying out fishing operations under the license aforesaid in the Chaparwada Dam in compliance with the Rules of 1958 as also the instructions issued by the department from time to time and are stated to have invested a huge amount towards cost of seed in the course of fish farming and also on other administrative overheads in the exercise of their right under the license. It is stated that there has been no compliant against the petitioners with regard to breach of any of the condition of the license or the Rules of 1958 as amended in 2003. It is submitted that a meeting of the Water Distribution Committee ('WDC' for short) was held on 15th November, 2011 in the presence of Additional District Collector, Jaipur and other senior officers wherein agriculturists having their fields in the area and others were also present, as the water in the Chaparwada Dam was required for agricultural purposes as also for drinking water for humans and cattle. At the meeting of 15th November, 2011, it was recorded that while water was released from the Chaparwada Dam an attempt be made to maintain the level of water at atleast 4 feet because of danger otherwise to fish farming under the license issued to the petitioners. It was also recorded that while ordinarily water level be kept at 4 feet, it was recognized that in the event additional water was required for agricultural purposes, the SDO, Dudu would take a decision at the meeting of the WDC for release of additional water.
(3.) COUNSEL for the petitioners submits that the petitioners as licensee under the Rules of 1958 as amended in the year 2003, for fishing rights in Chaparwada Dam, have been paying the requisite fee under the license from time to time and made other expenditures. It has been submitted that the petitioners, as such, have an interest in the water level in Chaparwada Dam and were comfortable with the decision of the WDC taken at meeting held on 15th November, 2011 to keep the water level at 4 feet such that fishing operations would not be damaged. It is submitted that however, the level of the water in the Dam in issue has been lowered on occasions to less than 4 feet contrary to the decision of the WDC on 15th November, 2011 and detriment of the petitioners. The petitioners state that they have represented to the competent authority to ensure that the water level of the Dam in issue was not reduced below 4 feet but the representation of the petitioners has been of little avail. Apprehending that water level less than 4 feet in Chaparwada Dam would prejudice the rights of the petitioners for fishing under license, this petition has been filed with the prayers as detailed hereinabove.;