'Public Purpose Can't Justify Altering Character Of River Land': Rajasthan High Court Questions State For Planning Road On Seasonal Riverbed

The Rajasthan High Court has questioned the State government for proposing to construct a road on the river bed of a seasonal river. The Court opined that allowing such proposition would create a precedent whereby State could routinely utilize a river land merely because it was administratively convenient and did not require acquisition proceedings.The division bench of Dr. Justice Pushpendra Singh Bhati and Dr. Justice Nupur Bhati observed that river land constituted a distinct environmental and ecological resource, and its character could not be altered merely because a proposed project served public purpose. It was further highlighted that in Rajasthan a large number of rivers were seasonal or ephemeral in nature and carried water only during particular periods of the year. But such temporary absence of visible water did not alter their legal or ecological character as river beds. “If dry or seasonally inactive river beds are treated as vacant land available for public utility projects, there exists a serious apprehension that such lands would gradually cease to exist as river systems in revenue records as well as on the ground. Acceptance of such a course would not only compromise environmental sustainability but would also expose future generations to increased risks of flooding, disruption of natural water flow, depletion of groundwater resources and irreversible degradation of natural drainage systems.”For context, the Court was hearing a Public Interest Litigation alleging that the road in question which originally planned to be constructed over some other land, as per the Master Plan, was now being laid through the river bed of a river. It was argued by the State that road was a public utility project and such projects inevitably required crossing river stretches. After hearing the contentions, the Court rejected the argument put forth on behalf of the State and opined that where public infrastructure was required to cross river stretch, recourse was appropriate engineering solutions like bridges, elevated corridors, etc. In relation to the approach taken by the State, the Court held that, “Such an approach would enable the State or local bodies to avoid the financial, legal and administrative obligations associated with planned development and lawful acquisition of land, a course which cannot be countenanced in a system governed by the rule of law.”“Acceptance of such a proposition would permit public authorities to disregard the character of land recorded in public records whenever it is found expedient to do so.”The Court held that protection of rivers could not be viewed only from the lens of present projects, but also in light of larger obligation of preserving such natural resources for future generations. In this background, the Court sought an affidavit to be submitted by the State with a proposed solution to the issue accompanied with an expert report examining the technical feasibility of the solution. The matter has been listed after 4 weeks. Title: Pradushan Nivaran And Paryavaran Sanrakshan Samiti & Ors. v State of Rajasthan & Ors.Click Here To Read/Download Order

'Public Purpose Can't Justify Altering Character Of River Land': Rajasthan High Court Questions State For Planning Road On Seasonal Riverbed

Nupur Agrawal

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Nupur Agrawal

'Public Purpose Can't Justify Altering Character Of River Land': Rajasthan High Court Questions State For Planning Road On Seasonal Riverbed

Nupur Agrawal

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Nupur Agrawal

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