Environment Protection Inseparable Part Of Right To Life Under Article 21: Rajasthan HC Initiates Suo Moto PIL On Encroachment Of Water Bodies

The Rajasthan High Court has taken suo motu cognizance of the rampant encroachments and illegal constructions on the riverbeds and many other water bodies terming it as direct violation of the Water (Prevention and Control of Pollution) Act 1974, and inaction on part of the government administration.

Justice Anoop Kumar Dhand highlighted that conservation and protection of environment is an inseparable part of right to life under Article 21 of the Constitution of India, which apart from protecting human rights, casts an obligation on them to protect and preserve a specie from becoming extinct.

The bench mentioned that many rivers across the State were critically endangered and on the edge of disappearance due to such unchecked illegal constructions and encroachments which were not only polluting the water bodies but also causing many other issues like hindering groundwater recharge, disrupting essential ecological flows, and devastating river line biodiversity.

It thus highlighted the need for sustainable water resource management and conservation for well-being of the plant and prosperity of future generations.

The Court referred to the doctrine of “public trust” enunciated by the Supreme Court in the case of M.C. Mehta v Kamal Nath and Others as per which resources like air, water, sea and forests are held by the Government in trusteeship for the free and unimpeded use of general public. The Court held that,

“The resources like air, sea, waters and the forests have such a great importance to the people as a whole, that it would be totally unjustified to make them a subject of private ownership. The State, as a custodian of the natural resources, has a duty to maintain them not merely for the benefit of the public, but for the best interest of flora and fauna, wildlife and so on.”

The Court further opined that when the entire country is facing tremendous scarcity of drinking and potable water, which was also a global phenomenon, the Regulatory/Statutory Authorities required to act responsibly for protection of environment and ecology of wetland/water bodies.

The Court pointed out to a recent article in a local Hindi newspaper, “Rajasthan Patrika” which highlighted ongoing encroachments affecting several lakes and ponds, and said that various statutory authorities constituted to serve as watchdog for protection of these places were not very sincere and serious.

“Despite numerous directives issued by the courts and the National Green Tribunal (NGT), the audacity of encroachers seems to grow with each passing day. They continue to invade these precious water bodies relentlessly, while the government administration remains largely inactive, resembling a silent spectator… This unchecked exploitation threatens not only biodiversity but also the very health of our ecosystems.”

The Court further observed that every day there were such news in the media indicating serious failure of the Central as well as the State Government to protect the rivers from illegal construction and encroachments or to take necessary actions under the Environment (Protection) Act, 1986.

In this background, the Court stated that it was time to act decisively to save water resources so that our descendants do not blame us for inaction or otherwise the civil war of third-world war would be fought due to scarcity of water. It was observed that it was a collective responsibility of individuals and government authorities.

“Our forefathers saw water in rivers and water bodies. We have seen water in taps. If the situation remains like the current one and if we fail to take urgent action to safeguard our water resources for future generations, then the next generation will see the water in bottles. If no serious action is taken now, then the future generation would see water in capsules.”

Observing this, the Court took suo motu cognizance to find an effective and quick step for stopping unauthorized construction and encroachments over the rivers and water bodies and for saving the water and species.

Without issuing any directions at this stage, the Court ordered a show cause notice being sent to the Ministry of Jal Shakti, New Delhi; Ministry of Environment, forest and Climate Change, New Delhi; Chief Secretary, Rajasthan; Additional Chief Secretary, Home Department, Rajasthan; and Additional Chief Secretary, Department of Public Health Engineering, Rajasthan.

A report has also been summoned from them on effective steps being taken for preventing encroachment and illegal, unauthorized constructions over and near the lands of rivers and water bodies.

Title: Suo Motu: In the matter of Save the Rivers, Lakes & Water Bodies from Illegal Constructions and encroachments

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