dk;kZy; v/kh{k.
k vfHk;Urk ty lalk/ku o`r] mn;iqj
Øekad@2024&25@ fnukad-
fo"k; & Jheel Sarankshan Samiti vs Union of India & Ors. [Writ Petion (Civil) No. 1083 of 2017]
rF;kRed fooj.k
fcUnq fooj.k
a. jktLo xzke Vhyk[ksMk ds [kljk la[;k 358] 423] 518&556 {ks=Qy 8-15
Issue appropriate gSDV;j Hkwfe ds fjlksVZ ifj;kstukFkZ fu;eu ckcr~ lfpo uxj fodkl izU;kl
write directing ds i= Øekad 1133 fnukad 30-07-2008 ds Øe esa vf/k’kk"kh vfHk;Urk ds
the respondents to i= Øekad 2151 fnukad 13-08-2008 }kjk crk;k x;k fd dqy 18 vkjkth u-
remove esa ls ftudk dqy {ks=Qy 2-635 gSDV;j gS esa ls 1973 ds gkbZ ¶yM ysoy ls
encroachment Åij dk {ks=Qy 2-035 gSDV;j gh gS ,oa [Link] 8-15 gSDV;j esa ls 2-035
and illegal gSDV;j Hkwfe gh mPpre ck< Lrj ls Åij gS ,oa 2-035 gSDV;j Hkwfe ds pkjks
constructions
vksj mPpre ck< Lrj ls 30 lseh- Åij rd izkVs Dlu okWy cuk;k tkuk mfpr
made by Verdha
Enterprises
gksxk dk lq>ko fn;k FkkA
including. uxjh; fodkl foHkkx }kjk xfBr dfeBh vkWQ ,DliVZ dh fjiksVZ fnukad 04-
(a). 07-2017 dks lfpo ;wvkbZVh mn;iqj dks izsf"kr dh xbZ ftlesa fjiksVZ ds fcUnq
The boundary wall la[;k 22 esa fuEu [Link] dh xbZ&
constructed around That construction of approximately 4 m high and 1237 m long
8.15 ha. plot on the masonry boundary wall encircling the entire island area of 8.15 ha in the
island . village Tilakheda has cut off the Udaisagar lake’s natural submergence
are spread over Tilakheda village. The boundary wall has enclosed a very
large area for beyond the sanction accorded to M/s VEPL for hotel
construction. As per the sanction given by Irrigation Department vide
letter dt 13.08.08, a wall of 30 cm was allowed to be constructed above
HFL. However, in actuality, encircling the island by constructing the wall
has cut off 6.115 hectares Lake area spread over the island. Accordingly,
the lake’s water spread area and water storage capacity of the lake has
been reduced. It is evident from the flood marks on the wall constructed
on the island by M/s VEPL. Blocking of the large part of the lake’s normal
water spread area of the lake. Blocking of a large part of the lake’s normal
water spread area on the island is serious hydrological intervention
adversely affecting the ability of wetland to recharge groundwater and
aquatic plants and animals preferring shallow water regimen. The expert
committee recommended that the boundary wall must be demolished for
restoring lake regime for long-term sustainability of the ecology and
conservation of biodiversity of Udaisagar Lake.
a. The Additional Chief Engineer Water Resource Zone Udaipur submitted
Issue appropriate a report regarding Udaisagar Lake to the Principle Secretary WRD vide
write directing letter no. 2317 dt. 30.01.2017 mentioning that The Executive Engineer
the respondents to Water Resource Division Udaipur submit report on dated 23.12.2015 it is
remove clearly mention that 2/3 area of land at shoreline at village Panwari where
encroachment the RCC retaining wall and RCC ramp being constructed lies within MWL
and illegal of Udaisagar Lake. This fact was further mention in the report of
constructions committee of 3 Executive Engineer constituted by Additional Chief
made by Verdha Engineer Water Resource Zone Udaipur to review the matter. The report
Enterprises of this committee also indicates that the M/s VEPL has constructed RCC
including wall with in MWL of Udaisagar Lake and ground has also raised above
(b) MWL by land filling. The RCC retaining wall and RCC ramp constructed
Bridge cum-jetties spring from FTL and goes above MWL of Udaisagar Lake and encroach
constructed in the the water way of the lake between FTL and MWL. The Additional Chief
lakebed. Engineer Water Resource Zone Udaipur report also mention that as per
(C) clause 42 & 55 of Rajasthan Irrigation and Drainage Act 1954 case of
Ramp and encroachment in MWL & FTL should be reviewed in this case the
Retaining wall overflow of Udaisagar Lake is only 9.75 meter (gated spillway) and peak
constructed at flood discharge is 1420 cumecs, the encroachment in HFL of obstruct the
Panwari Plot water way consequently raise in water level (heading up) and this will
aggravate the flooding and obstruction in water way may lead to any
mishap. Now revised guideline of CWC the peak flood is 8945 cumecs it
means that the revised MWL will be much higher than existing MWL.
The Chief Engineer Quality Control & Vigilance Water Resource Jaipur
also submitted report to Additional Secretary & Chief Engineer Water
Resource Rajasthan Jaipur vide letter no. 7356 dated 17.11.2017 stated
that “at said land a RCC wall has constructed which is about 4 m to 5 m
above proposed water level toward lake side. Also a masonry wall in front
of this RCC wall toward lake side has been constructed which is around
0.3 m above from present water level. At left side (toward east) of level a
RCC wall and RCC ramp has been constructed. The land inside these
walls has clearly raised by filling. To ascertain the general topography of
area, survey was conducted in presence of committee of surrounded area
but inside the plot was not conducted as it has been altered by filling.
Contour map of adjoining area has been plotted and trend of these
contours has been extended in said land. As per this contour map
approximately 1127 sqm area is below FTL (551.70m), 3974 sqm area is
below MWL (MWL 554.15m) which is about 68% of said land of allotted
area (5550 sqm Khasara No. 510,511,512,513 & 514 of revenue village
Panwari ) to M/s VEPL as per on HFL is concerned, whole plot under
question is below HFL. RCC wall and masonry wall constructed towards
lake side is clearly encroachment and affecting storage capacity of
Udaisagar. On the basis of visit, perusal of record and analysis, it is clear
that the plot in question in village Panwari is clearly below HFL.”
So from the records and previous reports it shows that above 2/3 are of
Panwari plot is below MWL while the plot is clearly below HFL.
It is already mentioned in the above point that VEPL raise the level of
a. Panwari plot by filling of debris and other materials encroach the MWL
Issue appropriate and HFL of Udaisagar lake.
write directing
the respondents to
remove
encroachment
and illegal
constructions
made by Verdha
Enterprises
including
(f)
Removal of debris
and other materials
to elevate the level
of land mask at
Panwari plot.
d. eSllZ o/kkZ ,UVjizkbZtst izk- fy- }kjk mn;lkxj >hy ds Mwc okyh Hkwfe ij
Issue appropriate ,d vLFkkbZ lM+d cukus dh Lohd`fr fn;s tkus gsrq fnukad 12-12-2014 dks
write directing the ftyk dyDVj egksn; dks i= izLrqr fd;k rkfd >hy isVs Hkjko Mkydj lM+d
respondents not to
allow Vardha fufeZr dj bl lM+d ls fuekZ.k lkexzh bR;kfn ystkdj gksVy dks fuekZ.k dk;Z
Enterprises to make djok;k tk lds ijUrq bl izkFkZuk i= dks ftyk dyDVj mn;iqj dk;kZy;
any road or path way }kjk tkjh vkns’k 5225 fnukad 06-07-2015 }kjk [kkjht dj fn;k x;k ,oa
across the lakebed of vkns’k esa mYysf[kr fd;k x;k dh bl izdkj.k esa voS/k :Ik ls iwoZ esa ty Hkjko
Udaisagar Lake in {ks= esa eSllZ o/kkZ ,UVjizkbZtst izk- fy- }kjk Hkjko djds iwoZ esa lM+d cukus ij
order to allow access ekuuh; jktLFkku mPp U;k;ky; }kjk DB Msc. Contempt Petion No. 90/2010
to the property on the
Rajendra Kumar Razdan V/s Mr. T. Sriniwasan & ors. And DB. Civil Writ
island and
Petition No. 12652/2011 Municipal Council Udaipur V/s Smt Saraswati Devi
Singhal & ors esa ikfjr [Link]; fnukad 27-09-2012 bl izdj.k esa bls fof/k fo:)
ekurs gq, ekuk gS fd That let entire road illegally constructed by M/s Vardha
Enterprises be dismantled within four weeks.
v/kh’kk"kh vfHk;Urk ty lalk/ku [k.M mn;iqj ds i=kad 780 fnukad 22-12-
2015 }kjk rglhynkj fxokZ dks mn;lkxj >hy esa Vhyk[ksMk jktLo xzke esa
[kljk la[;k 666 ,oa 517 esa eS- o/kkZ }kjk jksM fuekZ.k gsrq Mkys x;s eycs dks
gVkus gsrq fy[kk x;kA rr~i’pkr vf/k’kk"kh vfHk;Urk ty lalk/ku [k.M mn;iqj
ds i=kad 448 fnukad 19-01-2016 }kjk ftyk dyDVj mn;iqj dks i= fy[kdj
crk;k x;k fd fnlECkj 2015 esa cka/k dk ty Lrj de gksus ij dPph lM+d
dk iqu% leryhdj.k dj mi;ksx esa ykus yk;d cukus dk iz;kl fd;s tkus
ij foHkkx }kjk dk;Z rqjUr :dok;k tkdj eS- o/kkZ ,UVjizkbZtst }kjk lM+d
ij Mkys x;s eycs dks vius gtsZ&[ktsZ ij gVokus gsrq ikcUn fd;k rFkk eyck
gVkus dk dk;Z tkjh gS vf/kdka’k eyck gVk fy;k x;k FkkA orZeku esa ekSds ij
ikuh Hkjk gqvk gSA
