MATHUR,J. - (1.) The petitioners, who happen to be marginal farmers of District Jodhpur, are before us to have some remedial measures by the State of Rajasthan to ensure adequate retention of water with Jaswant Sagar Dam, a Dam that was constituted much back in the year 1889 by the Former Rulers of Jodhpur State. The allegations of the petitioners are that : - (1)in the catchment area of the Dam several illegal constructions including construction of anicuts/check Dams made and that is obstructing free flow of water to the Dam; several tubewells have been digged on the bed of the Dam by the farmers having farming rights on bed land and that has damaged water retention potency of the Dam; and (3)the Government of Rajasthan is not taking adequate interest to provide drinking water to the residents of town Bilara and other nearby towns through other water projects than extraction of water by installing tubewells in the bed of Jaswant Sagar Dam. The extraction of water by the State Government has punctured the entire bed of the Dam causing loss of water retention capacity of the dam bed soil.
(2.) A Division Bench of this Court on 11.3.2004 directed the State of Rajasthan to constitute Survey Committee for identifying the reasons for lack of sufficient water in Jaswant Sagar Dam to suggest means for removal of difficulties which are coming in the way of filling up the Dam. The report was required to be filed within a period of four months, but being not filed, the Court by order dated 19.7.2004 directed the State Government to close all tubewells unauthorisedly opened, if feasible, in order to augment the water in the Dam. By an another order dated 20.1.2006 a direction was given to the respondent State to close for the time being all the tubewells unauthorisedly constructed in the bed of Jaswant Sagar Dam and around it. It was made clear that if for any reason, any tubewell so constructed is submerged into water and is not currently operated, the same may be closed soon after its cease to be submerged. By subsequent orders it was made clear by the Court that the term "around it" in the order dated 20.1.2006 be treated as the distance of 500 meters from the Jaswant Sagar Dam. A report as desired by the Court under the order dated 11.3.2004 was filed by the State Government and the Court after going through that observed as under: - "The Annexure -R/1 submitted along with the report is already a part of study made in respect of Jaswant Sagar Dam which is part of record as Annexure of the writ petition. It does reveal at least that since 1983 -84 there almost complete decline in the irrigation through this dam barring aside in couple of year, in which too very small portion of land has been irrigated. Notwithstanding that in most of the years Mansoon is average since 1983 -84 yet in almost all the years for the purpose of irrigation the water level has been shown to be dead storage level. This needs to be explained. The report also does not furnish information about the gradual development of tube wells in an around Jaswant Sagar Dam, drawing water from its under ground channels as per order dated 4.5.2007 and the water disbursed for drinking purposes. The same should be produced on record by the next date of hearing.
(3.) In a report submitted on Jaswant Sagar Dam about decline in its potency to provide irrigation water during last two decades, it has been pointed out that out of original catchment area of about 1300 Sq. Miles available until 1979 -80, now available catchment area is only 491.38 Sq. Miles and further reports that 672 Sq. Miles of the free catchment area which remained in 1979 -80 after modernisation the yield for water on average Mansoon would be 14.85 MCFT, which is upto the level of maximum storage has been achieved in the last 30 years, as per the said Annexure -R/1, which is part of said report and correctness of which is now owned by the respondents and the decline in the catchment area from 672 Sq. Miles has resulted in 48% decline in water inflow to the dam.;