The Honourable Supreme Court of India gave a historic judgement paving the way for protection of the commons across the country on 28th January 2011. This came in connection to the hearing on the Civil Appeal No. 1132/2011 @SLP(C) No. 3109/2011. This blog is aimed to collate all possible information related to the judgement. For views and comments write to firstname.lastname@example.org
Wednesday, January 18, 2012
News Article: HC tells govt to name officials who allotted land near Ramgarh dam
TNN Dec 21, 2011, 03.41AM IST
JAIPUR: The Rajasthan High Court on Tuesday directed the state government to name those officials who made illegal allotments in the catchment area of Ramgarh dam and also the list of those influential persons who got the land in that area.
Justice Munishwar Nath Bhandari asked the government to file the compliance report by January 31, 2012. The court also stayed all land allotments in the catchment areas of the dam, rivers, nullahs or any other water body in the state with immediate effect.
The bench took a serious note of the fact that more than 450 anicuts were constructed in the catchment area of Ramgarh dam and almost all of them are lying vacant and are obstructing the flow of water to the dam.
"We believe that public money cannot be allowed to be wasted and especially no anicut etc. shall be constructed henceforth without any survey being conducted about its requirement under NREGA or by any other government body. The money in NREGA is being wasted in constructing anicuts here and there without any survey regarding their viability," said Justice Bhandari.
Collector Naveen Mahajan tried to convince the court that most of the encroachments have been removed. He told the court that nearly 480 encroachments were previously identified but during the last three days of campaign, 34 more constructions have been spotted which are causing a hindrance to the flow.
Nearly 8,000 cases have been identified in the state where lands have been illegally allotted in the catchment area and for cancellation of the same, the reference has been made by the state government to the Board of Revenue, Ajmer.
Justice Bhandari, on the request of the monitoring committee, directed the state government to appoint a special panel of lawyers in the Board of Revenue so that the cases are seriously pursued.
"We fail to understand that more than 8,000 allotments have been made illegally as given out by the state government and still the government feels shy in highlighting the name of delinquent officers. We, therefore, direct the government to supply a list of officials who were involved in all the land allotments in Ramgarh dam at first instance by January 30, 2012 so that they may be taken to task," said Justice Bhandari in order.
The court has further directed the government to conduct a detailed survey of the rainfall ratio and the anicuts in Ramgarh dam area and to file a report as to the viability of more than 450 anicuts and water bodies in the course of flow towards Ramgarh dam.