SHAILSH R SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of petitions raises common questions and the petitions have been argued together by the learned counsel appearing for both the sides.

(2.) The petitions center around the question of protecting, preserving and improving the water-bodies in the State and safeguarding them against encroachments.

(3.) In Special Civil Application No. 10621 of 2000, the petitioner has sought a direction on the respondents to place water policy of the Government of Gujarat before this Court and also the record to show big and small lakes in and around Ahmedabad as they existed in the year 1960 and their present status. A direction is also sought for removing all encroachments on the land bearing survey No. 353 of Lake Chandola and for executing the work for disiltation, reviving feeder streams and taking effective steps for reviving and recharging it. It is stated in the petition that Lake Chandola which is on the outskirts of Ahmedabad admeasured about 297 acres and 28 gunthas at the relevant time, and it was a natural reservoir harvesting rain water which flowed into it on account of natural gradient from the surrounding areas. It is stated that Chandola Lake is a stark example of the fact that the Government had no water policy. The Government holds such property in trust for the public at large, and therefore, is under a binding obligation to ensure that it was duly preserved.