Water Bodies Not Being Protected, Indiscriminate Land Filling Affects Ecosystem And Causes Water Clogging: Gujarat High Court

The Gujarat High Court has directed the state government and the forest department to provide a detailed district-wise report stating the status of water bodies, ponds and lakes.

The directive came during the hearing with regards to the unauthorised filling of water bodies in Devbhumi Dwarka district listed before a bench comprising Justices AY Kogje and Samir J Dave.

Citing the Supreme Court order in the case of Mirza Abid Beg v/s. State of U.P. & Ors, the court underscored the lack of compliance with the Apex Court's directives on the protection of the water bodies. The court showed concern over the indiscriminate filling of these resources with soil, a practice observed not only in urban regions but also in rural areas, including sections of wildlife sanctuaries and buffer zones.

The Court commented on the ecological impact of this practice, observing, “In view of these directions, which are applicable to the entire State, the Court deems fit to call for details as the Ponds, Lakes and Water Bodies are not being protected as per the directions not only that, but indiscriminate land filling of the ponds/lakes/water bodies, not only in the Urban Areas, but also now in the Rural as well as some parts of the Wild Life Sanctuary or in the Buffer Zone. It is found that ponds/lakes/water bodies are being filled up, which has not only affected the eco system in the Local area, but may also be prime reason for water clogging.”

The Court has mandated the Office of the Collectors of each Districts to undertake a survey through its office identifying the ponds/lakes/water bodies within their jurisdiction, which are included and identified as ponds/lakes/water bodies in the Revenue record.

The Court has further directed, “Over and above, ponds/lakes/water bodies, which are also not identified as ponds/lakes/water bodies in the Revenue record. The Collector shall file separate report for the very purpose in connection with ponds/lakes/water bodies, which are lying within the Commissionerate and Urban Development Authorities Area.”

“Such report should contain Survey No. or any identification, measurement of the ponds/lakes/water bodies with the latest photograph. The direction to undertake this survey is specifically made in view of the Monsoon season, where real ponds/lakes/water bodies would be visible and therefore, the report to contain the photograph and the date in this regard,”additionally, the Court has directed.

Moreover, the Court has directed the District Forest Officer to identify ponds/lakes/water bodies in their respective Districts, where they fall under the Wild Life Sanctuary, Protected Forest or Buffer Zone and also, report the latest status with photographs and measurements of such existing ponds/lakes/water bodies.

The matter is now listed on 20 August for further hearing.

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