Madhya Pradesh High Court
Rinkesh Goyal Vs State of Madhya Pradesh
10 March 2011
Hon'ble Judges: S.K.Gangele,Brij Kishore Dube
Advocates Appeared: K.S. Shrivastava, and Sunil Jain, appears as amicus curie in the matter.
For State M.P.S. Raghuvanshi, Add. A.G. and Deepak Khot, Govt. Adv.
For intervenor D.D. Bansal.
Case Number: Writ Petition (PIL) No. 2708 of 2005
As per S.K. Gangele, J.:-
1. This writ petition has been registered on the basis of a post-card
received in the Registry from one Rinkesh Goyal resident of Gandhi
Chowk, Shivpuri. In the aforesaid post-card the writer has informed the
Court about descending water level at Shivpuri and encroachments over
land of the lakes and tanks situated at District Shivpuri. Thereafter,
this Court issued various interim orders in regard to the problem and
the respondents have generously co-operated with the Court and filed
affidavit and also compliance reports.
2. It has been mentioned in the compliance report that there are 1069
tanks and lakes at Shivpuri District and only some parts of the land of
the tanks and lakes of Shivpuri town there are encroachment and rest of
the tanks and lakes are free from encroachment. The details and
particulars of the ponds and tanks situated at Shivpuri city have also
been mentioned.
3. On behalf of Secretary, Department of Revenue, Government of
Madhya Pradesh, an affidavit has been filed. It is mentioned in the
affidavit that under Section 251 of the M.P. Land Revenue Code, 1959,
tanks vest with the Stale Government and subsequently vide order dated
26-1-2001 the management of ponds/tanks have been handed over to Gram
Sabha and in urban areas management of tanks and ponds have been handed
over to local bodies, viz., Nagar Panchayats vide orders dated 19-9-1994
and 26-1-2001.
4. Another compliance report has been filed on 15-2-2006 on behalf of
Secretary, Department of Revenue. Along with the compliance report a
copy of chart has been filed in regard to situation of tanks and ponds
of all. Districts of State of Madhya Pradesh. As per the aforesaid chart
there are encroachments over some ponds and tanks, however, those
encroachments are not in alarming state. Independently, the Collector,
District Morena has also filed compliance report mentioning the fact
that the encroachments over tanks and ponds in the urban area as well as
in rural areas have been removed and all the tanks and ponds are being
properly conserved and maintained. The Collectors, Districts Shivpuri
and Vidisha, have also filed compliance reports mentioning same facts.
5. Learned Amicus Curiae, appointed by the Court, has submitted that
due to improper conservation of tanks and ponds in the State the water
level is going down. It has further been submitted by the learned Amicus
Curiae that the situation of water level is at an alarming stage and
hard steps had to be taken by the concerned authorities and persons who
are responsible for that in accordance with law to ensure proper
conservation of ponds arid lakes.
6. Learned Additional Advocate General has also supported the cause
and submitted that the State has taken all steps to conserve and
maintain the ponds and lakes in their original state. It has further
been submitted that the State has further taken specific steps in order
to improve ground level water and introduced various schemes in regard
to conservation of water which is precious natural resource and one of
the essential element for life at the planet.
7. The natural resources are assets of entire nation as well as
planet. There is no dispute in regard to the fact that water is one of
the essential resources necessary for existence of life on the earth.
Hon'ble the Supreme Court in T.N. Godavarman Thirumulpad Vs. Union of
India and others, (2006) 1 SCC 1, has specifically emphasized the need
and it is the obligation of all the persons including Government to
conserve and not waste these resources and observed as under :-
"Natural resources are the assets of the entire nation. It is the
obligation of all concerned, including the Union Government and State
Governments to conserve and not waste these resources. Article 48-A of
the Constitution requires that the State shall endeavour to protect and
improve the environment and to safeguard the forest and wildlife of the
country. Under Article. 51-A, it is the duty of every citizen to protect
and improve the natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures."
8. Hon'ble the Supreme Court further in the case of Jagpal Singh and
others Vs. State of Punjab and others, 2011 AIR SCW 990, has held, as
under, in regard to management and conservation of water resources :-
"16. The present is a case of land recorded as a village pond. This
Court in Hinch Lal Tiwari Vs. Kamala Devi, AIR 2001 SC 3215 (followed by
the Madras High Court in L Krishnan Vs. State of Tamil Nadu, 2005 4 CYC
1 (Madras) = AIR 2005 Mad. 331, held that land recorded as a pond must
not be allowed to be allotted to anybody for construction of a house or
any allied purpose. The Court ordered the respondents to vacate the land
they had illegally occupied, after taking away the material of the
house. We pass a similar order in this case.
17. In this connection we wish to say that our ancestors were not
fools. They knew that in certain years there may be droughts or water
shortages for some other reason, and water was also required for cattle
to drink and bathe in etc. Hence they built a pond attached to every
village, a tank attached to every temple, etc. These were their
traditional rain water harvesting methods, which served them for
thousands of years.
18. Over the last few decades, most of these ponds in our country
have been filled with earth and built upon by greedy people, thus
destroying their original character. This has contributed to the water
shortages in the country.
19. Also, many ponds are auctioned off at throw away prices to
businessmen for fisheries in collusion with authorities/Gram Panchayat
officials, and even this money collected from these so called auctions
are not used for the common benefit of the villagers but
misÂappropriate by certain individuals. The time has come when these
mal-practices must stop."
*** ***
"22. Before parting with this case we given directions to all the
State Governments in the country that they should prepare schemes for
eviction of illegal/unauthorized occupants of Gram Sabha/Gram
Panchayat/Poramboke/Shamlat land and these must be restored to the Gram
Sabha/Gram Panchayat for the common use of villagers of the village. For
this purpose the Chief Secretaries of all State Governments/Union
Territories in India are directed to do the needful, taking the help of
other senior officers of the Governments. The said scheme should provide
for the speedy eviction of such illegal occupant, after giving him a
show-cause notice and a brief hearing. Long duration of such illegal
occupation or huge expenditure in making constructions thereon or
political connections must not be treated as a justification for
condoning this illegal act or for regularizing the illegal possession.
Regularization should only be permitted in exceptional cases, e.g.,
where lease has been granted under some Government notification to
landless labourers or members of Scheduled Castes/Scheduled Tribes, or
where there is already a school, dispensary or other public utility on
the land.
23. Let a copy of this order be sent to all Chief Secretaries of ail
States and Union Territories in India who will ensure strict and prompt
compliance of this order and submit compliance reports to this Court
from time to time."
9. There is no dispute in regard to the fact that ground water level
is going down due to misuse of water. Even though, the proper steps have
not been taken by the concerned authorities, may be, administrative
authorities, local self bodies or other functionaries in ensuring proper
management of ponds, tanks and lakes. However, it is a duty of all
concerned authorities to work sincerely for the purpose of conservation
and maintenance of ponds, tanks and lakes properly.
10. In this view of the matter, this petition is disposed of with the following directions :-
(1) That, in each divisional level a Committee be constituted under
the Chairmanship of Revenue Commissioner of the division to monitor the
effective implementation of the water conservation schemes introduced by
the Government for the aforesaid purpose.
(2) The Committee shall also ensure that there should not be any
encroachment over the land of ponds, tanks and lakes, and if, there is
any encroachment that be removed immediately.
(3) The State Government shall take effective steps in regard to
water harvesting and ground water level management so the problem of
reducing the level of ground water could be tackled.
(4) A copy of the order be sent to the Chief Secretary of the State and also the Secretary, Revenue Department of the State.
Before parting with the order, we appreciate the valuable assistance
provided by the learned Amicus Curiae Mr. K.S. Shrivastava, Advocate,
Mr. M.P.S. Raghuwanshi, learned Additional Advocate General and Mr.
Sunil Jain, Advocate.
No order as to costs.
http://www.jeehcsc.com/judgment?jid=493214