JUDGEMENT
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(1.) REPORTABLE A great Saint Kabirdasji once aptly observed, I quote-
(2.) I was moved by it. Acute water scarcity in the State of Rajasthan is a wide and vivid problem with which the population is faced. Water has been universally admitted as a symbol of life, since it is essential not only for maintaining eco-friendly environment but also to have eco-system conducive to sustain all forms of life. Water plays a vital role in fulfilling basic human need for life and health so also for over all socio-economic development. The demand of water is increasing day by day. To meet the requirement of ever increasing population and for catering the demands, more particularly, drinking water, special attention is needed. State of Rajasthan is considered as a driest state in the country so far as water is concerned.
This court took cognizance of the aforesaid issue and decided the matter in the year 2004 after thorough examination and giving directions thereupon. It was expected of the State authorities to implement the directions issued by this court on earlier occasion, however, when news was published in leading news papers of the State of Rajasthan regarding Ramgarh Dam in Jaipur district, this court took suo motu cognizance of the matter and issued notices to the State Government.
History of Ramgarh Dam ? The construction of Ramgarh dam was started on 30.12.1897 by the erstwhile ruler of Jaipur Maharaja Madhosingh. It took around 6 years to complete its construction. It was inaugurated some time in the year 1903 by the then Governor General of Rajputana Mr Crasthwest. The height of its walls were raised looking to inflow of water. In the year 1981 water level touched 64.5 feet which was the last height point of the aforesaid reservoir. It has catchment area of 2975 square miles having average rainfall of 19-22 inches. The dam was having irrigation area of 21.5 miles by canals apart from 139.5 miles by its tributaries. In the year 2003, the dam could not fetch sufficient water and the same story was repeated in the year 2004. It was in the year 2005 that water was not taken from the dam. In the year 1982, Pinkcity witnessed Rowing Event in Asian Games. The Ramgarh dam has survived since nearly last 100 years after its construction. It started getting less water flow after the year 1999, thus in the year 2003, water was taken through boring. What happened to a dam which was taking care of entire Jaipur city for last 100 years? It was not mystery, reasons were broadly focused by the leading news papers.
Taking note of alarming situation, this court took suo motu cognizance of the mater and issued notice to the State Government vide order dated 12.8.2011. It was with reference to all the issues focused in the news papers indicating reasons for premature death of Ramgarh dam. It was not due to natural disaster but on account of large scale inaction on the part of the State Government coupled with illegal acts of others. Learned Advocate General was asked to accept notice on behalf of the State Government so as to submit factual report and the matter was posted for 23.8.2011.
On 23.8.2011, this court passed detailed order on submission of a report prepared by the Water Resources Department, Jaipur with a detailed map prepared by the Geological Survey of India showing complete topography and picture of catchment area. Tala and Banganga rivers are main source of water along with its tributaries. It was source of irrigation till the year 1978. On getting initial details, this court took notice of the judgment of this court in the case of "Abdul Rehman versus State of Rajasthan", DB Civil Writ Petition No.1536/2003, decided on 2.8.2004 at Principal Seat, Jodhpur with certain directions. The court broadly issued directions to remove encroachments and illegal constructions in the catchment areas. The Forest Department and Revenue Department were restrained to lease out or allow any construction or encroachment in catchment area of Ramgarh dam. The State Government was also directed to come out with a plan to remove encroachments and for development of the area.
(3.) THIS court constituted a two-members Monitoring Committee to monitor implementation of the directions issued by this court. Respondent-State Government thereafter submitted detailed compliance report.
Before averting to the subsequent developments in this case, it would be necessary to focus on important points pertaining to water problem in India, more specifically, in the State of Rajasthan.
As per Water Resource Vision 2045, India has 16% of the world population whereas water resources are only 4%. Thus in the population ratio, India is facing alarming problem of water resources. The State of Rajasthan took note of the problem in the State to focus Vision 2045. This is to indicate reasons of water scarcity and concern to work upon. Perusal of Vision 2045 reveals that all the issues focused by the media have already been taken into consideration by the State Government. To specifically point out basic features of Vision 2045, the same are extracted hereunder -
"Some of the main challenges being faced by the water sector, as listed below, clearly indicate that a lot more is to be done for integrated water resources development and management - 1.Inadequate availability of water for meeting demands of all sectors and uneven temporal and spatial distribution of water. 2.Harnessing of remaining 40 % of internal surface water resources. 3.Inadequate maintenance resulting in deteriorated condition and low efficiencies of existing water supply projects. 4.Financial constraints for implementing new projects and for adequate maintenance of existing facilities. 5.Inefficient management and reluctance to adopt modern water saving technologies, like pressure irrigation / volumetric measurement / leak detection and control, by developers and users both. 6.Ensuring effective groundwater control and management and also conjunctive use of surface and groundwater. 7.Environmental sustainability and mitigating environmental degradation in terms of water logging and salinity and deteriorating quality of water due to pollution and over exploitation of groundwater. 8.Resettlement and rehabilitation problem of displaced population due to implementation of water resources projects. 9.Financially non sustainable water rates. 10.Recurring droughts and effective drought management. Inadequate institutional infrastructure and human resource development for adopting new technologies and innovative approach. 11.Inculcating participatory approach in development and management of water resources. 12.Inter-sectoral coordination. Objective of Water Resource Vision 2045 To face these challenges successfully and for integrated water resources development and its optimum utilisation radical changes in approach, planning and technology after a critical review of earlier and existing policies is needed. The State of Rajasthan has adopted the State Water Policy in 1999 to address the problems facing the water sector supported by a long term State Water Plan with planning horizon extending up-to the year 2045. has also been formulated. Water Resource Vision 2045 has been prepared to highlight the short term (upto 2015) and long term (upto-2045) thrust areas and action plan which are pre-requisites for successful implementation of the State Water Policy and Plan and achieving the objective of optimum use of every drop of scarce and precious utilisable water resource. It is also envisaged that its periodical review and evaluation would help timely refinement/modification of the policy, thrust areas and the action plan to achieve the objectives of the State Water Policy."
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