Rajasthan High Court Takes Suo Motu Cognisance Of Acute Water Crisis In Jodhpur; Issues Interim Directions

The Rajasthan High Court has taken suo-moto cognizance of the acute water crisis in Jodhpur, including the neglected condition of ancient water bodies and traditional water harvesting systems; ineffective implementation of statutory provisions relating to rainwater harvesting and groundwater recharge, and alarming status of reservoirs, dams and urban water conservation. The division bench of Dr. Justice Pushpendra Singh Bhati and Dr. Justice Nupur Bhati highlighted the right to clean and safe drinking water, as recognized under Article 21 of the Constitution, as well as the duties envisaged under Articled 47, 48A and 51A(g) of the Constitution. While making a reference to the numerous news-paper reports, the Court highlighted that the issue was not limited to temporary shortage of water supply, but a deeper crisis of depletion, pollution, encroachment and neglect of traditional water bodies and reservoirs, coupled with unregulated urban expansion and over-exploitation of groundwater. The Court further highlighted the apprehension regarding contamination of historic canal systems and traditional water channels, due to discharge of sewage and waste water in the historical water bodies. It was further observed that the city was surviving substantially on emergency arrangements like operation of tube wells, tankers and utilization of residual and reserve water sources. “The aforesaid reports prima facie indicate serious issues concerning environmental degradation, contamination of water resources, administrative inaction, depletion of groundwater, encroachment upon traditional water bodies and an imminent threat to the fundamental right to access clean and adequate drinking water.”In this background, the Court classified the broader issue in 4 sub-issues- 1) acute water crisis; 2) pollution and neglected condition of ancient water bodies, traditional harvesting systems and historic canal networks; 3) implementation and enforcement of statutory provisions relating to rainwater harvesting, groundwater recharge, and urban water conservation; 4) present status and management of reservoirs, dams, etc. While taking suo motu cognizance of the situation, the Court has directed all the concerned departments to file details affidavits, status reports, and future plans, covering multiple aspects. These aspects include, present storage conditions and water availability in major reservoirs, etc; encroachments status and water quality conditions of all major traditional water bodies; details on sewage and waste water discharge in traditional canal system. Further details sought by the Court include, details on groundwater extraction; implementation of mandatory statutory provisions relating to rainwater harvesting, groundwater recharge, and urban water conservation; number of building having functional rain water harvesting systems; steps taken to regulate reliance on emergency water solutions, and long term policy measures. The Court has further directed the State Government to constitute a high-level expert committee to undertake a comprehensive assessment of water crisis and submit a “Master Water Security Restoration and Conservation Plan”, containing short-term, medium-term and long-term measures. In the interim, the Court has given certain directions, including, immediate steps preventing discharge of effluents in water bodies; regular cleaning, maintenance and temporary fencing of surviving traditional water structure; immediate identification of encroachments and illegal construction over traditional water bodies; strict action against illegal and unauthorized tanker operations, and ensuring strict implementation of mandatory statutory provisions in this regard. The Court has also asked the Rajasthan State Pollution Control Board to immediately conduct water quality assessment and contamination analysis on all major traditional water bodies, reservoirs, dams etc., appearing in the news paper reports, and submit a detailed report. The matter is listed again today.Title: Suo Motu: In RE: Acute Water Crisis in Jodhpur City and Deteriorating Condition of Ancient Water SourcesClick Here To Read/Download Order

Rajasthan High Court Takes Suo Motu Cognisance Of Acute Water Crisis In Jodhpur; Issues Interim Directions

Nupur Agrawal

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Rajasthan High Court Takes Suo Motu Cognisance Of Acute Water Crisis In Jodhpur; Issues Interim Directions

Nupur Agrawal

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