CHANDRABHAN RAJPUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition in the public interest, petitioner has prayed for the following reliefs:

(2.) ON 6.8.2014, we passed the following order: We have heard Dr. Chandrabhanu Rajpurohit, petitioner present in person; Mr. Anil Mehta, Chairman, Pali Water Pollution Control, Treatment and Research Foundation, Pali (a private trust funded by the industries in District Pali for short referred to as 'the Trust') and Mr. S.L. Parmar, Superintending Engineer, Water Resources Department, Pali. This writ petition has been filed in public interest for removing encroachment/constructions made over Gair Mumkin river land of khasra No. 1048 in Village Pali, Tehsil & District Pali, as also for quashing the order of allotment dated 9.7.2009 issued by Rajasthan State Industrial Development and Investment Corporation Ltd. (RIICO), Jaipur in favour of the Trust for construction of CETP. The petitioner has drawn the attention of this Court to the alleged illegal construction of CETP which is likely to affect the flow of water in river Bandi and which may overflow the banks of the river threatening the residents living on up and down streams of the river. The matter was adjourned on 22.7.2014 to enable the District Magistrate, Pali to dispose of the application submitted by the petitioner as per the provisions of Section 133 Cr.P.C. in accordance with law. We are informed that the District Magistrate, Pali has by his order dated 31.7.2014 dismissed the application on the ground that it did not fall within his jurisdiction for removing public nuisance under Section 133 Cr.P.C. The District Magistrate prima -facie found that the construction of CETP is necessary for the treatment of water discharged by the textile industries in Pali. There was no material on the record nor any report of the Superintending Engineer, Water Resources Department, Pali was placed before him which may support the allegation of the applicant that the construction of CETP will affect the free flow of water in the river and will pose a threat to the citizens of Pali. The District Magistrate did not find it proper to stop the construction of CETP only on the ground that the allotted land falls in the river bed. He further observed that no objection was made by any Government department including the Water Resources Department regarding the obstruction to the free flow of water in the river. The place where the CETP has been constructed is of triangular shape in which on two sides, RIICO has allotted plots for industrial development and that the boundary walls have been constructed by the industrial units to check the inflow of water. The CETP and the boundary wall of the units are in straight line and thus, it is not clear as to how even if the CETP is constructed in the river bed, the free flow of water in the river will be affected. After hearing the parties including the Superintending Engineer, Water Resources Department, Pali, we are of the view that a technical study based on the extensive survey of the river is required to be carried out by the Water Resources Department, Pali to allay the apprehension of the petitioner that the construction of the CETP will affect the free flow of water in the river. We may observe that whereas the construction of the CETP is necessary so as to prohibit the polluted water to flow in the river, the construction should not be made in such a manner which may affect the free flow of water in the river. We thus, find it appropriate to direct the Water Resources Department, Pali to carry out an extensive survey and to submit a technical report to this Court as to whether, at present or in future, the construction of CETP (plant No. 5) will affect the free flow of water in the river and whether it will cause any threat to the residents of Pali in any manner. We are informed that the Water Resources Department does not have sufficient funds and thus, we direct the Pali Water Pollution Control, Treatment and Research Foundation, Pali - respondent No. 7, a trust established by the textile industries, Pali and which also receives subsidy from the State Government, to deposit a sum of Rs. 7 lakhs with Water Resources Department, Pali to carry out the survey and submit the technical report. The respondent No. 7 will deposit Rs. 7 lakhs within a period of one week from today. We also direct the District Collector, Pali to direct the concerned revenue officials to assist the Water Resources Department in carrying out the survey. The technical report after carrying out the extensive survey will be submitted under the signatures of Superintending Engineer, Water Resources Department, Pali, present in person in Court, within eight weeks. Considering the importance of the matter, we exempt the Water Resources Department, Pali to adopt the tendering processes required to hire the agencies to carry out the survey. The Water Resources Department will utilise the services of the best of the agencies at its discretion. These orders are being passed considering the importance and urgency of the report to be submitted to the Court. List on 13.10.2014."

(3.) THE entire basis of complaint in the writ petition is the letter, written by the Executive Engineer, Water Resources Division, Pali to the District Collector on 26.11.2010 in which he pointed out that new CETP plant (CETP -5) is being constructed on Gair Mumkin Khasra No. 1048 recorded as riverbed. It was stated in his letter that Rajasthan State Industrial Development and Investment Corporation Ltd. (RIICO) has allotted about ten bighas for new CETP plant of which the major portion falls in riverbed. The report of the Asstt. Public Information Officer subsequently verified that about 6.12 bighas of land out of 10 bighas on which CETP plant -5 is being constructed, falls in riverbed.