In a Public Interest Litigation filed before the Rajasthan High Court against the inaction of the respondent authorities and failure to take appropriate action for removing the illegal occupation and encroachments as well as construction from Gair Mumkin Nala, Village Khatwada, Jaipur, which is required to be kept open for easy flow of water towards the nearby lakes and rivers during monsoons, a Division Bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Maneesh Sharma ordered the State authorities to take immediate steps to remove obstructions as well as encroachments leading to disturbance in the natural course of the water.
The Court noted that it had already taken judicial notice regarding the excessive constructions made in the catchment area resulting in stopping the water flow to the Ramgarh lake as well as to the Kukas dam. The present petition was against the encroachments in village Khatwada from where the water flows towards Nevta dam.
It was stated that the water bodies are the only source of enriching the underground water in the deserts of Rajasthan and that it is the State’s responsibility to see that the water flow is not stopped. The Court noticed that people buy agricultural lands and construct pakka boundary walls. It was said that while demarcation of agricultural lands is necessary to avoid friction in the society, it is also the responsibility of each citizen to see that the catchment area to the nearby water bodies, should not be stopped by constructing pakka boundary walls. The Court stated that even if a boundary wall is to be constructed, there must be adequate passage on the lower side so that the water can flow ahead.
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Further, the Court found that the nalas to natural water ways had been filled up by the land owners resulting in disturbing the water flow towards its natural course. Hence, the Court directed the State authorities to take immediate steps to remove such obstructions wherever found, including other encroachments which may have been made. It was held that the present order shall not only apply to the area mentioned but also to the entire catchment area of Ramgarh and Kukas.
The Court restricted civil courts and revenue courts from entertaining civil suits relating to the catchment area. It was made clear that if the land owners themselves provide access for the water flow, their other part of the property shall not be disturbed. The Court directed the notices issued by State authorities to be published in the newspapers giving option to the land owners to open the areas if any particular area is to be opened. The Tehsildar was also directed to issue a notice for the same purpose.
The matter has been listed on 05-08-2026 for compliance report.
