JAGDISH FIRODA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is filed by the petitioners seeking directions to the respondents for removal of encroachment on the land comprising of Khasra No.74 of Village Chimrani, Teshil and District Nagaur, which is alleged to be reserved as 'Gair-Mumkin Agore' and forms part of catchment area of water body 'Imaratiya Nada'.

(2.) This Court in the matter of 'Gulab Kothari v. State of Rajasthan and Ors.' [D.B.Civil Writ (PIL) No.1554/04], vide order dated 12.1.17, has already issued directions to the State Authorities to take effective steps for conservation and preservation of natural resources i.e. rivers, other water bodies and catchment area. Further, the State Authorities have been directed to undertake a drive to remove all encroachments made over the natural resources operating thereon and restore such natural resources by taking appropriate action.

(3.) Indisputably, Section 16 of the Rajasthan Tenancy Act 1955 (for short 'the Act of 1955'), puts restriction on khatedari right being accrued in respect of the land covered by the water or the land acquired or held for a public purpose or a work of public utility. In 'Abdul Rahman v. State' 2005 RRT 59, a Bench of this court has issued direction to the State Government to remove encroachment in the catchment area of the water bodies.