IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 774 of 2007 TAYAR KHAN V/S STATE & ORS. Mr. RAJENDRA SINGH for Mr.LDKHATRI, for the petitioner Mr. B.L.BHATI, DY.G.A., for the respondent Date of Order : 25.10.2007 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI MUNISHWAR NATH BHANDARI,J. ORDER ----- Heard learned counsel for the parties. The grievance of the petitioner is that the Khasaras Nos. 170 and 173 are water bodies and Khasara No.203 is a reserved pastured hilly area. On this Khasara No.203, some land owners and villagers are trying to trespass, which is to obstruct and adversely effect the catchment area of the water body. The reply has been filed to the effect that only a small part of Khasara No.203 measuring 5 Bhigas is being used under the authority of Panchayat, for rehabilitation of the persons, whose houses were demolished by flood in the Year 2006, and for that purposes five Bhigas of Aabadi land of Khasara No. 203 was reserved by order dated 04.04.2007. It was alleged that it is factually incorrect that any encroachment is being done. Respondents have annexed map as Annexure R-1. -2- It is argued by learned counsel for the petitioner, that the constructions are raised on the hilly area, therefore, the inflow of water and the water body will be adversely effected. We have considered this aspect, so far as raising of construction is concerned, State obviously is under duty to rehabilitate the persons adversely effected by a natural calamities, and for that purposes if a wholly insignificant part of land i.e. Five Bhigas out of 107 Bhigas has been reserved, no exception can be taken to it. So far as the aspect of obstruction or reduction of inflow of water in the water body is concerned, adequate safeguards can be provided for that purposes. Considering this aspect we direct that the five Bighas of Aabadi area shall be encircled by such effective boundary, that the water going down to the water body may not be obstructed or get polluted by entering into the Aabadi area, and should have a free flow during the rain. At the same time, it is also directed, that appropriate and effective steps should also be taken to ensure, that the domestic affluent, and domestic waste water of this Aabadi area also does not flow down in the water body, so as to pollute it. -3- With these observations, the writ petition stands disposed of. ( MUNISHWAR NATH BHANDARI ),J. ( N P GUPTA ),J. mamta