SUO MOTU Vs. STATE OF RAJ

JUDGEMENT

(1.) Shri Virendra Dangi, learned senior counsel and Shri A.K. Bhargava, learned counsel, who are Members of the Monitoring Committee, have today filed a report, according to which many encroachments are still existing in village Jamwaramgarh on khasra no.108, 161 and 168, which are recorded as 'gairmumkin nala'. Shops and houses are built up there upon. It is contended that JDA is itself constructing the wall in the river bed of the Roda river, which has decreased its width and virtually converting it into a small Nala. In village Meghraj Singh Pura, JDA has constructed a cemented concrete road, which at certain places has such height that it stops the flow of water towards Ramgarh Dam. While the JDA has removed certain encroachments, but the debris are still lying there, which create hurdle in the flow of water. The Public Works Department has constructed a cemented concrete road from Toda Meena to Bilod, which is crossing Banganga River and obstructing the flow of Banganga River. One resort has been constructed on water flowing area of Village Achrol, which was earlier known as Bishnoi Hotel and Resort, which was earlier known as Achrol Niwas Resort. This resort is also creating obstacle in the water flow area of Achrol River.

(2.) Shri R.P. Singh, learned Additional Advocate General submits that he shall have this matter examined by requiring the concerned officers to do the needful for removal of encroachment. We direct the Officers of the Revenue Department, Jaipur Development Authority and the Irrigation Department to inspect all the aforementioned sites and if any illegal construction is found in the river bed or river flowing area; whether by any private citizen or by government body, to take steps to restore the same to the original position and thereafter compliance report thereabout be filed.

(3.) Shri Pradeep Choudhary, learned counsel has filed application on behalf of one Shri Yogendra Singh Kalvi, a retired Deputy Conservator of Forest, with many valuable suggestions and with the prayer that he be impleaded as party-respondent.