Abhinav
Sharma, TNN Apr 24, 2012, 01.16AM IST
Tags: water bodies|ILLEGAL
ENCROACHMENTS| HC|Gov
JAIPUR: The Rajasthan High Court
on Monday came down heavily on the state government over illegal
allotments and encroachments in the catchment area of water bodies in
the state, saying the government was encouraging such illegality with
active aide of its officials. The harsh criticism came soon after the
government moved an application demanding that the PIL related to
encroachments of water bodies shall be heard by a division bench when
the court was about to pronouncement its judgment after several
months of hearing.
"There seems to be no
intention on the part of the government to deal with the problem of
water crisis and officials including the chief secretary are totally
irresponsible and have failed to take any action in the past eight
months. This shows how the state's claim on seriously handling the
ever-persistent problem of potable water in Rajasthan is nothing more
than a mirage," said Justice M N Bhandari. The single judge
bench, which has been hearing a PIL demanding restoration of water
bodies for the past several months, was expected to pronounce its
judgment on Monday.
However, soon after the court took
up the hearing in the morning, the state government moved an
application requesting that the matter shall be heard by a division
bench as the issue is of larger public interest. This was strongly
opposed by the members of court-appointed monitoring committee.
"The state government had
time and again assured this court that they would take appropriate
steps against encroachments. Even the chief secretary who appeared
before the court in March along with other principal secretaries had
given an undertaking that the government would itself take a
conscious decision to see that the water bodies in the state are
restored to their original shapes and dimensions as per law. Now, the
government's application that the matter be heard by a division bench
when the judgment was to be pronounced is contemptuous,"
contended senior advocate Virendra Dangi, a member of the monitoring
committee.
Justice M N Bhandari then directed
chief secretary C K Mathew to appear in person, who soon arrived in
the court. The bench asked Mathew to explain as to why contempt
proceedings shall not be taken against him and other principal
secretaries who had earlier appeared along with him and wasted
court's time.
"We know the design behind
such applications. It is clear that the government machinery is being
misused by a few. There seems to be no seriousness towards the issue
of consistent droughts and scarcity of potable water and encroachment
in water bodies. Not only illegal allotments have been made, but
those were regularized by the government itself in river beds, ponds,
dams and catchment areas of such bodies," observed Justice
Bhandari.
Earlier, the state government in
an affidavit filed in the court had confessed that the catchment
areas of rivers, dams and other water bodies have not only been
illegally allotted but also regularised against the law. However, the
officials had taken a view that in case the original status of all
the water bodies -- as it existed in 1947-- is restored, it will
create law and order problem. As such, the court's order would be
complied effective from 2004 when a judgment to that effect was
delivered.
Dangi brought to the notice of the
court that Section 16 of Rajasthan Tenancy Act, 1955, bars allotment
of any land of water bodies to any private persons.
The bench asked Mathew, "What
action did you take pursuant to the undertaking given on March 23.
What action has been taken against the erring officials and where is
the list of their names?"
"We held one meeting
thereafter. We came to know that as per the rules, the matter is
required to be heard by a division bench. As such, we moved the
application and held no meeting. We haven't prepared any list of
officers as required and undertaken by me," told Mathew.
Reprimanding Mathew, the bench
then sought a direction on the issue from the Chief Justice with a
clear note on the conduct of the state government.
© 2012 Bennett, Coleman & Co.
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