SUO MOTO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By an order dated 15.1.16, this Court taking cognizance of a detailed report published in "Rajasthan Patrika", a leading daily newspaper of the State, pointing out deleterious inaction on the part of the State authorities in maintaining and conserving the old temples and the water bodies of Jodhpur City namely, Achalnath Shivalaya, Kunj Bihari Mandir, Arna Jharna, Bhadreshiya Tirth and Vishnu Kund, directed the Deputy Registrar (Judicial) of this Court to register the news item published as Writ Petition (PIL) and issued notices to the State of Rajasthan, District Collector, Jodhpur and Municipal Corporation, Jodhpur. In response to the notice, the respondents put in appearance before this Court.

(2.) On 11.2.16, this Court issued directions to the Municipal Corporation, Jodhpur and District Collector, Jodhpur to prepare a complete plan for protection and development of the water bodies as well as the old temples. Directions were issued to clean the areas adjoining to the lakes and temples. Later, vide order dated 20.4.16, the notices were directed to be issued to the Commissioner, Devasthan to explain as to what steps are being taken to protect all the properties of Devasthan in the city of Jodhpur. The progress of maintenance, cleaning and conservation of the lakes and temples was being monitored by this Court by issuing appropriate directions. In the meantime, the issue with regard to the framing of new policy by the Department of Devasthan for protection of Devasthan properties in the State of Rajasthan and in other part of the country, cropped up for consideration of this Court. Pursuant to the directions issued, the Department of Devasthan produced the list of the properties of Devasthan before this Court. The Court expressed its concern to protect and secure the immovable properties of the Devasthan in the State of Rajasthan and throughout the country. The Department of Devasthan, Government of Rajasthan, placed on record Rajasthan Devasthan Rent Policy, 2021, which has come into force w.e.f. 1st April, 2021.

(3.) Pursuant to order dated 16.4.21 passed by this Court, on 6.8.21, Mr. Bhavit Sharma, Amicus Curiae filed detailed composite affidavit regarding the compliance made and issues raised in the present writ petition. Learned Amicus Curiae submitted the report giving the details regarding the condition of the various lakes/water bodies of the Jodhpur City, namely, Gulab Sagar, Bal Samand Lake, Ummed Sagar, Goverdhan Talab, and drawn attention of this Court to dilapidated condition, lack of cleanliness, contamination and massive destruction of the lakes and other water bodies of Jodhpur City. The Amicus Curias has also drawn the attention of the Court towards the encroachments made on the catchment area of the water bodies. It is pointed out that Bal Samand Lake which is fed by several feeder canals is on the brink of extinction due to illegal mining activities carried out in the vicinity of Bal Samand Lake and feeder canals.