D.B.CIVIL WRIT PETITION (PIL) NO. 1258/2005 Paresh Choubisa v. State of Rajasthan & ors. Date of order : 25.04.2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE M.N. BHANDARI ... Mr. Sanjeet Purohit for the petitioner Mr. Manish Shishodia ] Mr. Tarun Joshi ] Mr. Shambhu Singh ] for the respondents Mr. N.M.Lodha, Additional Advocate General Heard learned counsel for the parties. It appears that this PIL application initially was filed for preservation of Gap Sagar lake situate in Dungarpur. Certain facts were brought to the notice of the Court about use of surrounding areas for commercial activities and, therefore, a prayer was made to preserve the lake in question from pollution and further encroachments. From time to time the matter was monitored by this Court right from 2005 and necessary affidavits filed on behalf of the parties were considered. This Court being satisfied with the affidavits, directed the State counsel to preserve the lake from further pollution and encroachments. In regard to that, an affidavit has been filed on behalf of the State stating therein that no further encroachment has been allowed, nor the lands of catchment area are being allowed for commercial activities. So far pollution of the lake is concerned, it is stated that no sewerage water now onward is allowed to be discharged in lake, nor it is used for washing cloths etc., and unauthorised encroachments in the catchment area - 2 - have been removed completely and due care is being taken to preserve the lake in question from all angles. In view of the affidavits filed on behalf of the State and in view of the preceding orders passed by this Court since last three years, in our view, this matter need not be monitored by this Court further. However, the writ petitioner will be at liberty to point out any omission or commission on the part of the State in allowing the catchment area of the lake for commercial activities or for other purposes. With these observations/directions this PIL application is consigned to records. (M. N. BHANDARI ) J. (NARAYAN ROY),C.J. mathur/