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“The investment made by state for construction of dams is made redundant if natural flow of water is impeded in any manner”; directs state to take necessary steps: Rajasthan High Court

“The investment made by state for construction of dams is made redundant if natural flow of water is impeded in any manner”; directs state to take necessary steps: Rajasthan High Court

The Rajasthan High Court passed a judgment on 03-08-2021 in the case of Kisan Vikas Sewa Samiti vs State of Rajasthan Civil Writ Petition No. 6300/2021 headed by A Division Bench of Indrajit Mahanty CJ and Vinit Kumar Mathur J., directed State to inform them regarding steps taken for restoring the land which has been dug-up during the course of operation of the mines.

FACTS OF THE CASE:

The present petition was filed as the petitioner alleged that Bajari is extracted from river and once the extraction takes place it creates huge ditches in the river belt which restrict the flow of water and water gets collected in these ditches. Consequently, free flow of water in the river bay has been impeded.

The court observed that at various locations within Rajasthan, Dams have been created by the state for providing drinking water to various urban establishments as well as water for agriculture and animals husbandry. Since excavations have been taking place at river beds and big crevices have been formed, due to such excavation, water gets retained in such ditches and crevices and such water does not even travel and reach the dams and the primary purpose of dams are not met.

JUDGEMENT:

It was illustrated before the court that Ramgarh Dam created by the state where Asian Championship was once held, today probably for the reasons as noted here-in above practically no water is being blocked at various locations, therefore, the state should take steps to stop all activities which impede natural flow of water to its citizens and animals as well as providing water for irrigation.

The Court thus directed the state “to file an affidavit of what steps the state proposes for taking care of the situation as noted here-in-above”.

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JUDGEMENT REVIEWED BY CHANDANA SHEKAR 

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