Rajasthan High Court Initiates Suo Motu Action to Protect Rivers, Lakes, and Water Bodies from Encroachment

"Rivers and Water Bodies are Public Trust Resources; Illegal Constructions Violate Fundamental Right to a Clean Environment," Says Rajasthan High Court
Court Orders Creation of Monitoring Committees, Use of Drones, and Establishment of Complaint Platform for Environmental Conservation
On October 24, 2024, the Rajasthan High Court, under the stewardship of Justice Anoop Kumar Dhand, took suo motu cognizance to address the critical issue of illegal encroachments and constructions along rivers, lakes, and other water bodies in Rajasthan. The court emphasized the doctrine of public trust, underscoring the State's duty to protect natural resources under Article 21 of the Constitution, which guarantees the right to a clean and healthy environment.
Background: Suo Motu Petition to Save Rajasthan’s Water Bodies
In response to a recent media report highlighting unchecked encroachments on ponds, lakes, and rivers, the court initiated a suo motu public interest petition to address the growing menace of unauthorized constructions affecting Rajasthan's vital water resources. Justice Dhand’s order stresses that the State, as the custodian of natural resources, must take immediate and decisive action to preserve these ecosystems for public use and future generations.
The court expressed concern over the government's failure to enforce existing environmental protections and stated, “Water is an invaluable and precious resource, essential for the survival of all living beings. Encroachment and pollution not only threaten biodiversity but also the very sustainability of our ecosystem.”
Court’s Observations: Rivers and Water Bodies as Public Trust Resources
Citing the Supreme Court's ruling in M.C. Mehta v. Kamal Nath (1997), the High Court reiterated that natural resources like rivers, lakes, and water bodies fall under the doctrine of public trust. According to this doctrine, the government holds these resources in trusteeship for public use, and their exploitation for private benefit is prohibited. Justice Dhand emphasized that encroachments on rivers and lakes violate the fundamental right to life under Article 21, which includes the right to a clean environment.
The court noted, “The government is obligated to protect these resources not only for public benefit but also for the welfare of flora, fauna, and the ecosystem. Rivers are vital sources for drinking water, irrigation, and climate regulation, and any harm to these water bodies has far-reaching consequences on society and future generations.”
Directives to the Government: Formation of Committees and Use of Surveillance Technology
In its order, the court issued comprehensive directives to the Union and State governments to implement immediate measures for the protection of water bodies:
Formation of Committees: The court directed the creation of State, divisional, and district-level committees to monitor encroachments. The State-Level Committee, chaired by the Chief Secretary of Rajasthan, will ensure effective implementation of water conservation schemes, while divisional and district committees, led by divisional commissioners and district collectors, will oversee local encroachment issues.
Demolition of Illegal Constructions: All unauthorized structures on riverbeds, floodplains, and catchment areas are to be demolished, and these areas restored to their original condition.
Legal Protection for Rivers: The court instructed the government to enforce the River Conservation Zone (RCZ) Regulations, 2015, which remain unimplemented. These regulations, if applied effectively, would limit harmful activities in critical areas surrounding rivers and water bodies.
Surveillance and Monitoring: The court mandated the use of satellite imagery, drones, and other aerial surveillance technologies to monitor encroachments. Dedicated control rooms and a redressal mechanism were also ordered to ensure ongoing vigilance.
Public Awareness and Complaint Mechanism: The government was instructed to set up an online platform to raise public awareness, with a toll-free number and contact details of responsible officers for citizens to report encroachments.
Environmental Compliance: The court directed the authorities to take immediate steps under Sections 3 and 5 of the Environment (Protection) Act, 1986, to prevent further illegal constructions on water bodies.

The court underscored that illegal encroachments on water bodies violate multiple environmental statutes, including the Environment (Protection) Act, 1986, and the Water (Prevention and Control of Pollution) Act, 1974. The court observed that the unchecked encroachments are not only an environmental hazard but also a direct infringement on public rights under the law.
Justice Dhand remarked, “The government has a duty to enforce environmental laws to safeguard these precious resources. Any laxity in implementation undermines both statutory mandates and the doctrine of public trust.”
Reliance on Judicial Precedents: Protection of Environmental Resources
In addition to M.C. Mehta v. Kamal Nath, the court referenced Bombay Environmental Action Group v. State of Maharashtra (2018), which reinforces the idea that government agencies must act as trustees of natural resources. The Supreme Court’s jurisprudence highlights that water bodies, rivers, and lakes cannot be subject to private exploitation at the cost of public interest.
The court noted, “Our ancient culture reveres rivers and water bodies, and modern society must uphold this heritage by ensuring that these resources are protected for future generations.”
The Urgency of Conservation: Protecting Water for Future Generations
The court's order contained a stern warning about the consequences of inaction. Justice Dhand highlighted a Niti Aayog report describing India’s severe water crisis and stressed the need for immediate action to prevent further degradation of water bodies.
Justice Dhand stated, “If we fail to protect our water resources today, the future generations may only see water in bottles or capsules. This is a critical moment for our society to recognize the value of water and to act collectively to save our rivers and lakes.”
Show-Cause Notice and Next Steps
The court issued show-cause notices to the Union Ministry of Jal Shakti, Ministry of Environment, Forest and Climate Change, and the Government of Rajasthan, seeking reports on measures taken to prevent encroachments on water bodies. The matter was scheduled for further hearing on November 18, 2024, by which time the court expects a detailed report on compliance with environmental laws and initiatives for water conservation.
Conclusion: This suo motu action by the Rajasthan High Court highlights the judiciary’s proactive role in environmental protection. The court’s directives aim to create a robust framework for safeguarding rivers and water bodies from illegal encroachment, recognizing the essential role these resources play in sustaining life and ecological balance.
 

Date of Decision: October 24, 2024

In Re: Save the Rivers, Lakes & Water Bodies from Illegal Constructions and Encroachments