IQBAL AHMAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION DEORIA

JUDGEMENT

(1.) S. N. Srivastava, J. Intervener application filed on behalf of Bhagirathi son of Neemar resident of village Baksenda Post Sikandra Tahsil Phuipur District Allahabad which has been pressed into service by Sri K. J. Shukla, Advocate is ordered to be placed on record.

(2.) THE question of maintenance of water channels, water bodies, Ponds, Tanks, Pokhar, Talab etc. stemmed for consideration of the Court in the instant writ petition in the course of hearing. From the ancient time, the water reservoir in the shape of ponds, lake and various other water bodies were created and maintained to cater to the needs of homo sapiens. It is eloquent from history that in Indus civilization, water reservoirs consisting of tanks, ponds, lake etc. furnished the main source to cater to the needs of potable water. It is further eloquent from the history that during Chandra Gupta and Kautilya period and also during medieval period, mode of preserving water in reservoirs was adopted by way of rain harvesting and utmost attention was paid to maintenance of water reservoirs which were the only safe mode to be utilized for potable water. It has revealed from reports that out of total water available on earth, the drinking water is assessed to be only 2. 7% and the water to the extent of 66% flows down to the sea for want of any proper alternative to fall back upon for its preservation. It is also undeniable that entire world including part of India is reeling under water crisis. Bundelkhand area of Uttar Pradesh is the worst affected due to being scantily rain- fed. THE founding fathers of our Constitution foresaw the looming crisis and introduced directive principles of State policy in our Constitution which are enshrined in Part IV of the Constitution. Articles 38, 39-B and 48-A envisaged that it was the responsibility of the State to protect environment, safeguard forest and wild life of the country and take all effective steps. Articles 48-A and 51 (1)- (g) of the Constitution being relevant are quoted below : "38. State to secure a social order for the promotion of welfare of the people.- (1) THE State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. (2) THE State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. " "39 (b) that the ownership and control of the material resources of the community are so distributed as best to sub-serve the common good. 48-A. Protection and improvement of environment and safeguarding of forests and wild life.- THE State shall endeavour to protect and improve the environment and to safe- guard the forests and wild life of the country. " "51-A (g) to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. "

(3.) BESIDES the above, the Judgment of the Apex Court in Hinchalal Tiwari also served as a beacon light to guide this Court on the path of taking steps to redeem the ponds, tanks etc. which are lying in disuse or in derelict state in our countryside which have been called as material water resources, a national wealth of the community and nature's bounty by the Apex Court which sub-serve the need to maintain delicate ecological balance. The Apex Court also called for vigil as best protection against knavish attempts to seek allotment in non-abadi sites. The case in hand was the appropriate case in view of controversy involved herein for being taken up for enforcing the peremptory directions of the Apex Court.