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ARTICLE · 09 JANUARY 2025

Environment_ESG | November 2024 - High Court Judgements/orders

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Rajasthan High Court initiates suo motu proceedings against unauthorised construction and encroachments over rivers and water bodies in the State...

IndiaEnvironment
Amit Kapur
Amit Kapur
Nawneet Vibhaw
Nawneet Vibhaw
Prannoy Sebastian
Prannoy Sebastian
Komal Karnik
Komal Karnik
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Rajasthan High Court initiates suo motu proceedings against unauthorised construction and encroachments over rivers and water bodies in the State

The Rajasthan High Court ("Rajasthan HC"), in "In Re: In the matter of save the rivers, lakes and water bodies from illegal constructions and encroachments"1, initiated suo motu proceedings based on a news article published in 'Rajasthan Patrika' on October 18, 2024, alleging ongoing encroachments affecting ponds and lakes in the State. The article highlights that despite numerous directions issued by the courts and NGT, several rivers along with various other water bodies across the State are facing severe encroachment, jeopardising the well-being of all living organisms and environment. The Rajasthan HC observed that such news indicated serious failure of the Central and State Government particularly Ministry of Environment, Forest and Climate Change ("MoEF") and Ministry of Jal Shakti in protecting rivers from illegal encroachments. It also noted that the draft River Conservation Zone (Regulation of Harmful Activities) Rules, 2012 and the notifications regarding river conservation zone and river regulation zone in 2015 remain unimplemented till date. The Rajasthan HC issued show cause notice on why the directions for constituting committees at State level, divisional level and district level should not be issued. It also proposed the demolition of illegal and unauthorised constructions and encroachments on the rivers, flood plains and catchment areas of all rivers, water bodies, water courses and water channels.

Footnote

1 CW No. 16799 of 2024. Order dated October 24, 2024.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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