C/WPPIL/181/2011 CAV JUDGEMNT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD WRIT PETITION (PIL) NO. 181 of 2011 FOR APPROVAL AND SIGNATURE: HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA ================================================================
1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation
of the Constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
================================================================ MADHAV JOSHI....Applicant(s) Versus STATE OF GUJARAT,THRO DIRECTOR/PRINCIPAL SECRETARY &
4....Opponent(s) ================================================================ Appearance:
MR JAINISH SHAH with MR. HARDIL MUCHHALA with MK VAKHARIA, ADVOCATE for the Applicant(s) No. 1 MR PK JANI, GOVERNMENT PLEADER with MS. VACHHA DESAI, AGP for the Opponent(s) No. 1 , 4 M/S TRIVEDI & GUPTA, ADVOCATE for the Opponent(s) No. 2 BIREN A VAISHNAV, ADVOCATE for the Opponent(s) No. 3 MR HS MUNSHAW, ADVOCATE for the Opponent(s) No. 5 NOTICE SERVED for the Opponent(s) No. 3 , 5 ================================================================ CORAM: HONOURABLE THE CHIEF JUSTICE MR.
BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Page 1 of 25
C/WPPIL/181/2011 CAV JUDGEMNT
Date : 13/01/2014
CAV JUDGEMENT
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) Page 2 of 25 C/WPPIL/181/2011 CAV JUDGEMNT
1. By this petition in the nature of A Public Interest Litigation, the petitioner, a resident of Narayan Sarovar, Ta: Lakhpat, Dist: Kutchh has prayed for the following reliefs :
"(A) Admit and allow this petition.
(B) issue writ of mandamus and/or any other appropriate writ, order or direction, directing respondent nos.1 and 3 to restrain respondentno.2 from reclaiming the land of Narayan Sarovar - Tirthdham and its Catchment Area for constructing Car Parking, Garden Area, Latrines Area and platforms and to restore the reclaimed land to its original position.
(C) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to restrain the respondent nos.1 and 3 from permitting respondentno.2 to reclaim the land of Narayan Sarovar - Tirthdham and its Catchment Area for constructing Car Parking, Garden Area, Latrines Area and platforms and further direct the respondent no.2 -Tourism Corporation of Gujarat from reclaiming the land of Narayan Sarovar - Tirthdham and its Catchment Area for constructing Car Parking, Garden Area, Latrines Area and platforms.
(D) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct Page 3 of 25 C/WPPIL/181/2011 CAV JUDGEMNT the respondent nos.1 and 3 to prepare the report of reclaimed land of Narayan Sarovar - Tirthdham and its Catchment Area carried out be respondent no.2 and place the same before this Hon'ble Court.
(E) This Hon'ble Court may be further pleased to pass such other and further orders that this Hon'ble Court may deem fit in the facts and circumstances of the petition."
2. The case made-out by the Petitioner may be summed up thus :
2.1 The petitioner is 82 years old. He is a Poet and a Journalist.
2.2 He has written various books like "Narayan Sarovar - Koteshwar", "Lehriyu", "Sambhre Munke Sen", "Jay Aashapura", "Kulda", "Kachchhi language demands justice" and "Shree Sai Katha Kalpataru".
2.3 He also claims to have written many articles on Development, Culture, History, Politics, Boundary of Kutchh, Kutchhi language etc. 2.4 It is the case of the petitioner that Narayan Sarovar is one of the most sacred Pilgrimage sites for Hindus. It is located in Lakhpat Taluka of Kutchh District at a distance of about 165 kms. from Bhuj where lies an ancient Koteshwar Temple at a distance of 2 kms. away from the Bank of Kori Page 4 of 25 C/WPPIL/181/2011 CAV JUDGEMNT creek of the Arabian Sea.
2.5 Narayan Sarovar (Lake) is one of the five holy lakes of Hinduism, along with Maansarovar in Tibet, Pampa in Karnataka, (Bindu Sarovar in Siddhpur, Patan), Bhuvaneshwar in Orissa and Pushkar in Rajasthan.
2.6 There are temples of Shri Trikamraiji, Laxminarayan Govardhannathji, Dwarkanath, Adinarayan, Ranchhodraiji and Laxmiji.
2.7 The State of Gujarat approved a scheme for development of the Narayan Sarovar Tirth Dham, through the Tourism Corporation of the State Government. In 2010, the Tourism Corporation of Gujarat decided to develop the Narayan Sarovar, - Koteshwar as a tourist destination.
2.8 The grievance voiced by the petitioner is that in the name of development, the Tourism Corporation has started construction of car parking on the Southern side of Lakhpat Koteshwar Coastal Highway which is a part of the Sarovar (Lake). The construction of Car Parking area is being done by filling the sarovar with sand, stones, cement and other materials as a result of which substantial area of the Sarovar which is a water body has been filled-up.
2.9 It is also the grievance of the petitioner that the Tourism department is developing a garden under the Destination Development of Narayan Sarovar Project. For the development of the Garden, the department has filled-up a substantial portion of the Sarovar resulting in curtailing the Page 5 of 25 C/WPPIL/181/2011 CAV JUDGEMNT area of Sarovar where at one point of time water used to flow smoothly.
2.10 It is also the case of the petitioner that the Tourism Department has constructed latrines near the Bank of the lake including the Catchment Area of the Sarovar.
2.11 The construction of latrines on the Catchment area of Narayan Sarovar has caused hindrance in the smooth flow of the water from Naani Aav to the area of the Sarovar. The polluted water from the latrines percolates resulting in water pollution.
2.12 The Tourism Corporation has also constructed a platform on the south of Trikamrai Temple Complex where the main gate of the lake is situated through which the pilgrims enter to take the holy bath.
2.13 In such circumstances referred to above, according to the petitioner, the intervention of the Court is solicited in public interest and the reliefs prayed for in this petition deserves to be granted.
3. An affidavit-in-reply has been filed on behalf of the respondent no.4, the District Collector, duly sworn by the Dy.Collector and Sub-Divisional Magistrate, Nakhatrana, inter alia stating as under :
- The parking area is outside the periphery of Narayan Sarovar and the Catchment area and, therefore, the allegations of filling-up of the Sarovar are far from truth.
Page 6 of 25C/WPPIL/181/2011 CAV JUDGEMNT The Garden which has been developed is also not within the area of Narayan Sarovar.
- The toilets which have been constructed are in no manner causing any obstruction for the smooth flow of the water. All possible precautions and care has been taken to see that the Narayan Sarovar is not damaged in any manner. The DILR has prepared a map. The report placed on record would indicate that there has been no encroachment on the water body.
3.1 An affidavit-in-reply has also been filed on behalf of the respondent no.5, Narayan Sarovar Gram Panchayat, duly sworn by its Sarpanch wherein the following averments have been made :
"3. The respondent no.5 most respectfully submits that the temples of Koteshwar Mahadev and Trikamraiji are holy temples and pilgrims pay regular visits for worshiping. The respondent No.5 further states that the temples of Koteshwar Mahadev and Trikamraiji situated in the villages of Koteshwar and Narayan Sarovar are on the coastal line and at the border of India and therefore, they are places of interest also for the visitors. It is most respectfully stated that uptill now there were limited infrastructural facilities for the tourists and pilgrims, but of late, the respondent no.1,2 & 4 have taken deep interest for the development and it has resulted into two way State Highway from Bhuj to Koteshwar having length of 160 km. It is submitted that there is a B.S.F. Head Quarter at Koteshwar for the protection of coastal line.
The respondent No.5 craves leave to add that the respondent No.1 & 4 have undertaken number of developmental activities resulting into (1) construction of entry gate, (2) construction of cement concrete road from Rameshwar temple to entry gate, (3) construction of C.C. Road surrounded Narayan Sarovar, (4) construction of boundary wall surrounding Narayan Page 7 of 25 C/WPPIL/181/2011 CAV JUDGEMNT Sarovar, (5) C.C. work in the Bazar Chowk area, (6) 120 poles providing C.L.F. light on the entire roads as well as villages, (7) protection wall for protection of Koteshwar Mahadev, (8) in all 10 shops near Narayan Sarovar as well as Koteshwar Mahadev, (9) plantation on the road side, (10) Police Chowky at Koteshwar, (11) C.C. Road in Koteshwar Chowk, (12) C.C.Road from Narayan Sarovar main road to Baithak of Maha Prabhuji, (13) Pick-up Bus Stations at Narayan Sarovar and Koteshwar, etc. It is submitted that all these projects are being executed by Gujarat State Tourism Development Corporation Limited and due to that tourists & pilgrims are benefited to a great extent. The respondent No.5 submits that there are in all two Dharma Shalas having in all 150 rooms (including Air-conditioned rooms) as well as Toran Hotel belonging to Gujarat State Tourism Development Corporation Limited. The respondent No.5 submits that due to the said infrastructural development, there is heavy rush of tourists and pilgrims and the same is required to be met with by way of providing more and more facilities to them. The respondent No.5 further states that the ultimate beneficiaries are he local villagers due to the said all round developmental activities and heavy rush of visitors resulting into more self employment opportunities. The respondent No.5 submits that all these activities are undertaken by the respondent No.2 during last 2 to 3 years and not only that even both the holy temples are renovated.
4. The respondent No.5 most respectfully submits that the averments & allegations made by the petitioner against construction of toilets, parking plots and snan ghat as well as raising garden are thoroughly baseless. The respondent No.5 submits that as per his knowledge and revenue record, the construction of parking plots, toilets, snan ghats and gardens are not on Narayan Sarovar land. The respondent No.4 herein has filed a detailed affidavit in reply controverting the said allegations and also produced a sketch drawn by the office of District Inspector of Land Record showing the location of Narayan Sarovar as well as the projects under construction. From kind perusal thereof it would be clear to the Hon'ble Court that the developmental activities undertaken by the respondent No.2 are not by way of encroachment or reclamation of Sarovar. The respondent No.5 submits that the parking plots, garden, Page 8 of 25 C/WPPIL/181/2011 CAV JUDGEMNT Pay & Use Toilets as well as Snan Ghat are at the distance places.
5. The respondent No.5 humbly states that Narayan Sarovar covers revenue survey no.6 admeasuring 15 acres of land. It is pertinent to note that a Car parking is provided on Government waste land while a garden is on revenue survey no.7/1 (Paiki) and it is also a waste land. The respondent No.5 further states that the Gram Ghat (Mela Ground) is also situated on revenue survey No.7/1 (Paiki) and the toilets are constructed on the said waste land. The respondent No.5 craves leave to annex herewith the copies of Village Form No.7 & 12 with regard to revenue survey No.6 of Narayan Sarovar as well as Village Form no.6 showing that revenue survey No.7/1 (Paiki) is waste land and marked as Annexure-A & B respectively. The respondent No.5 further states that there was an old Dharma Shala on revenue survey No.5 of Narayan Sarovar and the same is removed and the respondent No.2 has put up Snan Ghat at that place and a copy of Village Form No.7 & 12 with regard to revenue Survey No.5 is annexed herewith and marked as Annexure-C.
6. In view of the above mentioned facts and circumstances and considering the sketch made available by the District Inspector of Land Record, it is crystal clear that the averments & allegations made by he petitioner are baseless.
7. The respondent No.5 further submits that even a letter dated 10/07/2010 addressed by the deponent to the Commissioner of Tourism annexed as Annexure-D by the petitioner is also misread and misinterpreted. It is submitted that there are certain suggestions made to the said authority for overall development and full cooperation is also assured for that.
8. The respondent No.5 submits that even the Gram Panchayat has also passed a Resolution dated 28/05/2010 permitting the respondent No.2 to undertake authorized developmental activities for overall development of the area which is ultimately in the interest of public at large, a copy of Resolution dated 28/05/2010 is annexed herewith and marked as Annexure-D.
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9. Lastly the respondent No.5 submits that due to the said construction and developmental activities by the respondent No.1, 2 & 4, the ultimate beneficiaries are not only the tourists and pilgrims but also the local villagers also, but they have been benefitted from various activities. The respondent No.5 further submits that not only the elected Body of the Gram Panchayat, but also the general public is for the said developmental activities and rendering full cooperation to the Government machineries. It is pertinent to note that these activities are undertaken and the projects are being executed by the State Government and it is linked with Gujarat State Tourism Development Corporation Limited and not by the Private Organizations and therefore, there is no question of opposing it."
3.2 One additional affidavit-in-reply has been filed on behalf of the respondent no.2 duly sworn by the Manager, Project, Tourism Corporation of Gujarat inter alia stating as under :-
"5. I state that from a perusal of the map contained in the Revenue Records it becomes obvious that the Narayan Sarovar is rectangular in shape. Similarly from the map prepared from the DILR also it can be gathered that Narayan Sarovar is rectangular in shape. That the area of Narayan Sarovar was of 6 hectares as per Tippan (Form 7/12) and that there is no reduction in the area of Narayan Sarovar in any manner way. The map of DILR reveals that the area of Narayan Sarovar is 7.96.27 hectares.
6. I state that from a perusal of the map of DILR it becomes obvious that as far as the parking area is concerned, the same is beyond the area of Narayan Sarovar. As far as the garden is concerned the same is situated beyond the temple and thus is not situated in the area of Narayan Sarovar whereby no reduction in the area of Narayan Sarovar has taken place. As far as the latrines (Pay and Use toilets) are concerned, I state that the same are much beyond the area of Narayan Sarovar, across the road. As far as the percolation from latrines is concerned, I state that the care in that regard has been Page 10 of 25 C/WPPIL/181/2011 CAV JUDGEMNT fully taken as per engineering norms inasmuch as soak pits and septic tanks have been provided for in the vicinity of the pay and use toilets which as aforesaid is much beyond the area of Narayan Sarovar.
7. I state that as far as the changing rooms are concerned, the same have been constructed by demolishing of old dilapidated building which was a Dharmsala and existed there since decades. The said changing rooms were constructed by using the very plinth of said Dharmsala which as aforesaid was in existence. In fact, this was done in terms of the permission granted to the Corporation by Collector, Bhuj vide his letter dated 10.5.2010. A copy of the said letter dated 10.5.2010 granting permission to the Corporation is annexed herewith and marked as Annexure 3.
8. I state that the Corporation had undertaken various activities for the implementation of overall development plan of Narayan Sarovar and Koteshwar temple. The aforesaid activities mentioned in the captioned writ petition are a part of the said development plan which task was handed over the Corporation by State of Gujarat. In fact, a series of meetings in this regard had taken place with various authorities including the petitioner and several discussions had taken place from time to time for better utilization of development plan to cater to needs of pilgrims visiting Narayan Sarovar. I crave leave to refer to and rely upon these details at the time of hearing of the captioned petition."
4. Mr. Jainish Shah, the learned advocate appearing for the petitioner, vehemently submitted that the action on the part of the respondent authorities in filling-up the Sarovar for the purpose of construction of parking, garden and toilets is absolutely illegal and contrary to the pronouncement of this Court, reported in 2002 (3) SLR 2295, in the case of Shailesh R. Shah V. State of Gujarat, wherein it has been held that it is the duty of the State Authorities to protect and improve Water Bodies such as lakes and ponds. Mr.Shah submitted Page 11 of 25 C/WPPIL/181/2011 CAV JUDGEMNT that in the said decision the Court issued various directions to the State Government including removal of encroachments made on water bodies.
4.1 According to Mr.Shah it was the duty of the respondent authorities to take all care and precautions while putting-up construction even if they were justified in making so for the purpose of development of the area and convenience of the pilgrims.
4.2 Mr. Shah has placed on record various photographs and the satellite images of the area of Google Earth. According to Mr.Shah the photographs and the satellite images clearly indicate that there has been filling-up of the pond for the purpose of construction.
4.3 Mr. Shah submitted that the State Government being the Trustee of all Natural Resources made for public use including lakes and ponds is under a legal duty to protect them. The State is enjoined upon the duty under Aticle-48A read with Article-21 of the Constitution to make all possible endeavour to protect and improve the environment which would include the water bodies and every citizen has a duty under Article-51A(g) to protect and improve the environment including lake.
4.4 In such circumstances referred to above Mr.Shah prayed that the construction which has been put up should be directed to be removed.
5. Mr. P.K.Jani, the learned Government Pleader appearing on behalf of the State respondents opposed this petition Page 12 of 25 C/WPPIL/181/2011 CAV JUDGEMNT submitting that there has been no encroachment or reclamation on the water body i.e. the Sarovar. Mr.Jani submitted that the construction which has been put up is on the extended boundary of the Sarovar and is in no manner obstructing the smooth flow of water. Mr.Jani also submitted that the State Government is conscious of the fact that Narayan Sarovar is one of the most important religious destinations and with a view to provide better facilities and amenities to the pilgrims who visit the place in large numbers, it thought fit to develop the area through its Tourism Department. Mr.Jani laid much stress on the fact that the DILR upon instructions from the Deputy Collector, Nakhatrana had undertaken a comprehensive survey of Narayan Sarovar and the area adjacent thereto. The DILR has prepared a map which indicates that the area of Narayan Sarovar was of 6 hectors as per Tippan (Form no.7/12) and that there has been no reduction in the area of Narayan Sarovar in any manner. The map of DILR revealed that the area of Narayan Sarovar is 7.96.27 Hectors. Mr. Jani also submitted that the construction is already completed. As a matter of fact, the project had commenced way back in the year 1999 as evident from the order passed by the Division Bench of this Court in Special Civil Application No.1043/1999 decided on 11/5/1999 wherein the petitioner herein had filed a petition with respect to the same subject matter and the Court had directed the petitioner to approach the local authority and represent the matter before them. Thus, according to Mr.Jani, the petition should not be entertained even on the ground of delay and laches.
5.1 In such circumstances Mr.Jani prays that there being no merit in this petition, the same deserves to be rejected.
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6. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our consideration in this petition is whether, in the facts of the present case, we should grant the reliefs claimed for in the application as quoted above.
7. Before adverting to the rival submissions canvassed on either side, we deem it necessary to consider the decision rendered by the Division Bench of this Court in Shailesh Shah (Supra.). In the said case a petition was filed with regard to the question of protecting, preserving and improving the water bodies in the State and safeguarding them against encroachments. The court took the view that water is essential to many of the most basic activities such as agriculture, forestry, industry, power generation and recreation. The court also held that the citizens have a fundamental right under Article-15(2)(b) of the Constitution of not being subjected to any disability, liability, restriction or condition with regard to the use of the wells, tanks and bathing ghats, roads and places of public resort maintained out of State funds or dedicated to the use of the general public. The Court further held that all lakes and tanks which are not the properties of individual are declared to be the properties of Government by virtue of Sec. 37 of the Bombay Land Revenue Code. The Municipal Corporations are under an obligation to make reasonable and adequate provision for "the management and maintenance of all municipal water works and the construction or conclusion of the new work necessary for a sufficient supply of water for public and private purposes."
Page 14 of 25C/WPPIL/181/2011 CAV JUDGEMNT 8. We quote with profit, the observations made by the
Division Bench in Paras-15 to 20.1.21, 22, 23, 23.1, 23.2, 23.3, 23.4 and the directions issued in Para-24.
"15. The word "environment" as defined in section 2(a) of the Environment (Protection) Act, 1986 includes water and land and inter-relationship which exists among and between water air and land, human beings, other living creatures, plants, micro organism and property. For regulating environmental pollution, the Central Government may by notification make rules which may provide, inter alia, for standards of quality of water under section 6(2)(a) of the said Environment (Protection) Act. Under section 16 of the Water Act, 1974, the main function of the Central Board is to promote cleanliness of streams, [which includes river, water course, inland water, whether natural or artificial, sub-terrenean waters as defined in clause (j) of section 2], and wells in different areas of the States and clause (g) of sub-section (2) of section 16 empowers it to lay down, modify or annul, in consultation with the State Government concerned, the standards for a stream or well and different standards may be laid down for the same stream or well or for different streams or wells, having regard to the quality of water, flow characteristics of the stream or wells, and the nature of the use of the water in such stream or well or streams or wells. Under section 17(1)(a) of the Water Act, the function of the State Board shall be to plan a comprehensive programme for the prevention control and abatement of pollution of streams and wells in the State and secure the execution thereof. These provisions indicate the anxiety of the legislature to maintain the quality of water for which standards are required to be laid down.
16. The above constitutional and statutory provisions clearly bring to fore the paramount duty of the State Government, Municipal and Panchayat authorities, the Area Development Authorities and other legal authorities, to protect and improve water bodies as a part of environment and to ensure supply of safe water to the public. The State as the trustee of all natural resources meant for public use, including lakes and ponds, is under a legal duty to protect them. This duty is of a positive nature requiring the State including the Area Development Authorities and the Local Bodies not only to protect the peoples common heritage of lakes, ponds, reservoirs and streams, but to prevent them from becoming extinct and to rejuvenate and preserve them quantitatively by harvesting rainwater and qualitatively by prescribing and enforcing standards of their water. There is ample legislation to arm these authorities with the power to preserve these natural resources and prevent their abuse. The duty of the State in this regard is clearly spelt out by the Apex Court in M.C.Mehta v.
Kamal Nath, reported in (1997) 1 SCC 388, and that of every citizen to protect the natural environment including lakes in Page 15 of 25 C/WPPIL/181/2011 CAV JUDGEMNT M.C.Mehta v. Union of India, reported in (1997) 3 SCC 715. The necessity to limit the construction activities in the close vicinity of the two lakes was recognized by the Supreme Court, as noted above. It is rather unfortunate that decades have passed with laws already governing the field being put to disuse by the apathy of the authorities to actively involve themselves in protection and preservation of water bodies. The interim orders made in these petitions have, however, goaded them into some action and the final responses on behalf of the State Government, the Urban Development Authorities and the Municipal Corporation have raised a distinct ray of hope that may in near future glitter on the surface waters of the waterbodies that are promised to be reinforced and preserved.
17. The importance of identifying the waterbodies in the State can hardly be over emphasized. That is indeed the starting point; and, after much exercise, the State Government has placed on record the particulars of the existing lakes and ponds and acceded to the suggestion of this Court that it will notify in the Gazette all the waterbodies indicated in the Development Plans and the Town Planning Schemes, as also the lakes and ponds in other areas of the State where a Scheme or Development Plan is not operative, so as to identify them for all time to come. We accordingly direct that the State Government will notify all the lakes and ponds as may have been shown in the areas covered by the Town Planning Schemes and Development Plans, as also those in the areas not so covered throughout the State, in short all the waterbodies in the territory of the State that vest in the State and / or the Area Development Authorities or the local bodies including Panchayats, in the official gazette within three months from the date of this order.
18. The next important aspect is that the waterbodies that vest in the State or local bodies should not be alienated or transferred. It appears that, in the past, the land covered by the waterbodies have been put to other uses under the Town Planning Schemes and then a stand is taken up that the Town Planning Schemes having become part of the statute, the Court cannot do anything about it, or, if such land is put to some other use allowed under the scheme, that it will not be appropriate to dig up the construction to revive a waterbody. When State is enjoined upon a duty under Article 48A read with Article 21 of the Constitution to endeavour to protect and improve environment which would include the waterbodies and every citizen is under a duty under Article 51A(g) to protect and improve environment including lakes, which are specifically mentioned therein as a part of environment, and when such material resources need to be protected to enable people to enjoy a quality life which is the essence of the right to life guaranteed by Article 21 as held by the Apex Court in Hinchlal's case (supra), there would virtually be no constitutional option to convert the land under the lakes and ponds to any use that may alter their character as waterbodies in violation of the constitutional mandates to the State and the citizens not only to protect but to improve them. The Supreme Court has made this explicit in M.C.Mehta v. Kamal Nath, reported in (1997) 1 SCC 388 by holding that these natural resources are meant for the public use and cannot be converted into private ownership. Step in this direction is taken by the State Government by declaring Draft of the State Water Policy (2002). Announcements on Water Resources Planning, Development and Management in paragraph 4 of Page 16 of 25 C/WPPIL/181/2011 CAV JUDGEMNT the Policy statement include the strategy of making efforts "to protect and use all fresh water / natural resources like lakes, tanks, ponds, talavadis, springs etc. and preservation of existing freshwater bodies shall be ensured. Traditional water retaining structures shall be protected .........". The Circular dated 15-3-1999 (a copy of which is annexed with the affidavit- in-reply dated 4-4-2002 of the Under Secretary to the Government, Urban Development & Urban Housing Department), was issued instructing the concerned authorities that while making any original development plan or a revised development plan, the waterbodies such as rivers, lakes, ponds, canals or any other type of waterbodies should be preserved as such waterbodies and should not be included in the proposals for other uses and these waterbodies should not be given any final plot number and their character should be preserved. In order to ensure that the waterbodies in the State which are identified as per the development plans, town planning schemes and the government records and which will be notified in the official gazette, we direct that the State Government, all Area Development Authorities and local Bodies will protect, maintain and preserve all the waterbodies in the State which are identified as per the development plans, town planning schemes and the government records and which will be notified in the official gazette, as waterbodies and they will not be alienated or transferred or put to any use other than as waterbodies.
19. Water has also a destructive potential if the standards of its quality are not maintained. Misuse of water resources and poor water management practices would result in depleted supplies, falling water tables, shrinking inland lakes, and stream flows diminished to ecologically unsafe levels. Water pollution, originating mostly from human activities, occurs even more frequently and in a widespread manner, making the quality of water unsuitable for many uses. The management of water quantity cannot be efficiently done without considering the water quality. Water resources should be managed in conjunction with land resources, and water supply schemes which generate large amount of waste water in consumer areas should be designed and built with the required matching drainage networks and waste water treatment facilities. We would therefore direct the respondents authorities to take steps to get the standards of quality of water of the lakes and ponds prescribed by the concerned authority under the law, and devise mechanism for periodic monitoring of the quality of water in these lakes and ponds.
20. Normally, lakes and ponds are expected to be permanently wet year round. They fall in the discipline of limnology which is a sub-system of hydrology that deals with the scientific study of freshwaters specifically those found in lakes and ponds. By the fallout of dust from the atmosphere and the sediments washed into the lake, the lake will gradually become eutrophic, with relatively poor water quality and will gradually become shallower and may eventually disappear. A lake may come to its end physically through loss of its water or through infilling by sediments and other materials. Lakes and ponds depend for their very existence upon a balance between their main sources of water and the losses that occur, a sort of water budget which may reflect the hydrologic idiosyncrasies of the individual lake. It will usually be difficult to influence the basic natural factors such as precipitation and evaporation that cause Page 17 of 25 C/WPPIL/181/2011 CAV JUDGEMNT the imbalances. When the balance between photosynthesis and decomposition is upset, either too much organic material accumulates without getting decomposed adequately or too many bacteria grow and overabundance of decomposition occurs. Most inland lakes and ponds are eutrophic. Their bottoms get filled up with rich sediments. Eutrophication causes many harmful effects such as deterioration of the scenic value of lakes and ponds due to decrease in transparency or colour changes, water supply problems including the obstruction of filters, unpleasant odors and taste of its water, and loss of acquatic life. This emphasizes the need to proper preservation of lakes and ponds, because, in addition to supply of water, freshwater bodies also provide a resource for recreational activities, such as, boating, swimming, fishing and habitats for various aquatic and terrestrial species. Pond waters can have many uses from irrigation to recreational activities. Extensive management plans and programmes have to be established as a part of geographic initiatives to ensure the preservation, protection and restoration of these important environmental resources. The National Water Policy and the State Water Policy, a draft of which is produced, are exhaustive documents containing great vision but now is the time to move beyond policy declarations to concrete action that may produce results by rejuvenating the waterbodies, most of which appear to be in a state of "comma".
20.1 The Year 2003 is to be celebrated as International Year of Freshwater and the United Nations Educational Scientific and Cultural Organization has undertaken International Hydrological Programme which is an intergovernmental scientific programme in water resources. The I.H.P. - VI (2002 - 2007) Programme has been launched coinciding with the emergence of a profound paradigm shift in society's approach towards water. There is a shift in thinking about water from fragmented compartments of scientific inquiry to a more holistic integrated approach towards both quality and quantity of water, the surface water and ground water as well as atmosphere and terrestrial part of the hydrological cycle. It is, therefore, essential that the State Government, the Area Development Authorities and the Local Authorities should hold themselves jointly and severally responsible to achieve the purpose of the constitutional and legal mandates for preserving the waterbodies in their proper and useful state. We therefore direct that the State Government, the Area Development Authorities and Local Authorities should take urgent measures to rejuvenate the waterbodies which are to be notified in the gazette by undertaking a declared phased programme of desiltation and make adequate provisions for recharging them by appropriate storm water drains and other feasible means and to take measures against pollution of such waterbodies.
21. Monitoring of the rejuvenation, maintenance and preservation of waterbodies is essential and it is heartening to note that due importance is given to this aspect in paragraph 30.5 of the Draft Water Policy of the State which envisages constitution of Water Resources Council headed by Chief Minister of Gujarat with Ministers of various Departments as members and Chief Secretary as Member Secretary, as also of Water Resources Committee headed by the Chief Secretary with Secretaries of various Government Departments as members for inter-departmental related activities. Having regard to the urgency and importance of having a centralized control and monitoring of the programmes Page 18 of 25 C/WPPIL/181/2011 CAV JUDGEMNT for the protection, preservation and improvement of waterbodies, we direct that the State Government shall expeditiously take steps to constitute Water Resources Council as contemplated in the Draft Water Policy of the State, headed by the Hon'ble the Chief Minister with other Ministers, including the Ministers in- charge of the Environment and Urban Development Departments to oversee the programme for protection, preservation and improvement of the waterbodies. The State Government will also constitute the Water Resources Committee headed by the Chief Secretary which may include the Secretaries of Environment, Urban Development and Agriculture Departments for monitoring the implementation of the programme in a time-bound manner with periodic review of its success. This Committee shall place the particulars of the targets achieved and the causes of non- fulfilment of the targets periodically before the Water Resources Council for its consideration.
22. Without removal of encroachments, the waterbodies under encroachment can hardly be rejuvenated. It is therefore essential for the State Government, the Urban Development Authorities and the local bodies to exercise their statutory powers to remove the existing encroachments and take measures to prevent encroachments. These authorities are, therefore, directed to prepare an authenticated record in form of videography, photography and panchnamas of the existing encroachments and take urgent steps to remove them in accordance with law and the rehabilitation policies of the Government. Responsibilities of the officers / staff concerned, should be fixed in respect of non-removal of encroachments and fresh encroachments. The Water Resources Committee will closely monitor the removal of encroachments by the concerned authorities, and, the Area Development Authorities and the local bodies shall furnish, quarterly, particulars of such encroachments and their removal to the Water Resources Committee.
23. There has been opposition expressed on behalf of the State Government and the authorities, as also on behalf of the parties whose construction plans are held up, against the directions contained in paragraph 92 of the interim order dated 18-4-2001 to the effect that the Corporation, Development Authority, Collector and the State Government "shall not permit any construction whatsoever within 500 meters of the lake / pond if the size of the waterbody lake / pond is 5000 sq. mtrs. or less, and within 1000 meters, if the size of the lake / pond waterbody is larger than 5000 sq. mtrs. save and except for storage of water or making gradient etc." The learned Advocate General argued that a general provision is made in the Regulation 14 of the Revised draft General Development Control Regulations published in the Gujarat Government Gazette dated 18-5-2002, which is reproduced hereunder :
"14. DISTANCE FROM WATER COURSE No development whatsoever, whether by filing or otherwise shall be carried out within 30 Mts. from the boundary of the bank of the river where there is no river embankment and within 15 Mts. or such distance as may be prescribed under any other general or specific orders of Government and appropriate Authority whichever is more, from river where there is river embankment but in case of kans, nala, canal, talav, lake, water-bodies etc. it shall be 9.00 mts.
Page 19 of 25C/WPPIL/181/2011 CAV JUDGEMNT Provided that where a water course passes through a low lying land without any well defined bank, the applicant may be permitted by the competent Authority to restrict or direct the water course to an alignment and cross section determined by the competent Authority."
23.1 Admittedly, the above provision did not exist when the interim order was made on 18-4-2001. Exercise of Constitutional power under Article 226 by issuing an interim order cannot be branded as exercise of legislative function. As a precautionary and interim measure, the Court can grant an interim order to prevent constructions that may harm the natural resources which are required to be protected, preserved and improved. Since the direction not to construct within the area specified was of interim nature, given when the above regulation did not exist, and the matter is now being finally decided, the attack against such interim direction on the ground that the Court had impinged on the legislative function of prescribing such limits is unwarranted. The judicial powers of the Court can be exercised in context of executive functioning to prevent wrongs and illegalities and to enforce statutory duties and obligations, and there can arise no question of the Court exercising executive or legislative powers when it makes interim judicial orders under Article 226 to prevent illegalities or wrongs and to enforce statutory obligations and duties. The character of such judicial power is distinct and different from the nature of legislative or executive powers and it has a constitutional backing.
23.2 There can be no dispute over the proposition that the Court will not substitute its wisdom for that of the legislature or the executive. The function of prescribing the parameters for effective preservation of the water bodies undoubtedly is of the State Government, Area & Urban Development Authorities, and the local bodies under the laws, but the established neglect of the water bodies prompted the Court to issue interim directions to prevent construction in the areas specified in the interim order, around the periphery of the lakes and ponds, and that need not irk the authorities any more, when they have now chosen to become alert and alive to the needs of the situation realising the constitutional and legal requirement to protect, preserve and improve lakes and ponds.
23.3 Though initially reliance was placed on the Regulation 14, when asked to disclose on what basis that minimum was fixed, the learned Advocate General for the State and the learned Additional Advocate General for AUDA very fairly stated that though nine meters was prescribed, it was only the minimum and in reality, the concerned authorities have provided a larger peripheral margins to prevent construction activities, because, the lakes are usually surrounded by garden and then come the peripheral roads which vary in their width and in many case, they were shown to be eighteen meters or even more in the development plans. On such examination of the material, it has been stated in the affidavit filed by the Chief Town Planner that, when planning for a pond is undertaken, embankment itself is phased with varying width according to the requirement of the pond and coupled with 9 mtrs. distance from the pond, may lead to a distance of more than 9 mtrs. from the pond. It is Page 20 of 25 C/WPPIL/181/2011 CAV JUDGEMNT stated that, when the planning for a pond is undertaken, the distance to be kept is determined, depending upon the location of the water body. On the periphery of Kankaria Lake, there is 90 mtrs. to 160 mtrs. green / recreation zone created. On its south-west side, a distance of 120 mtrs. is retained in respect of Chandola lake, as already noted hereinabove. In the affidavit filed by the AUDA by its Chief Executive Officer, it has been stated that, inspite of the provision of minimum 9 mtrs. of distance mentioned in the G.D.C.R. No.14, the AUDA always examines each case on individual basis, according to the requirement of the individual water body for the purpose of fixing of peripheral distance from the waterbodies.
23.4 In background of the above averments and statements, we direct that the question of determining the peripheral area surrounding a lake or pond on which construction may be prohibited will be taken up by the concerned authorities for consideration in the context of the development of individual lakes and ponds and the authorities will take decisions thereon having regard to the relevant factors which may have a bearing on the protection, preservation and improvement of lakes, ponds and other water bodies, and once the peripheral area, around a lake or pond, in which there will be no construction allowed is determined, the same shall be notified. All the applications for building permissions which may be pending, may be accordingly decided as per the regulations and keeping in view the requirement of individual waterbodies.
24. To sum up, we issue the following directions:-
[A] The State Government will notify all the lakes and ponds as may have been shown in the areas covered by the Town Planning Schemes and the Development Plans, as also those in the areas not so covered throughout the State, in short, all the waterbodies in the territory of the State that vest in the State and / or the Area Development Authorities or the local bodies including Panchayats, in the official gazette within three months from the date of this order.
[B] The State Government and all Area Development Authorities and local Bodies will protect, maintain and preserve all the waterbodies in the State which are identified as per the development plans, town planning schemes and the government records and which will be notified in the official gazette, as waterbodies and they will not be alienated or transferred or put to any use other than as waterbodies.
[C] The respondents authorities should take steps to get the standards of quality of water of the lakes and ponds prescribed by the concerned authority under the law, and devise mechanism for periodic monitoring of the quality of water in these lakes and ponds.
[D] The State Government, the Area Development Authorities and the Local Authorities should take urgent measures to rejuvenate the waterbodies which are to be notified in the gazette by undertaking a declared phased programme of desiltation and make adequate provisions for recharging them by appropriate storm water drains and other feasible Page 21 of 25 C/WPPIL/181/2011 CAV JUDGEMNT means and to take measures against pollution of such waterbodies.
[E] The State Government shall expeditiously take steps to constitute Water Resources Council as contemplated in the Draft Water Policy of the State, headed by the Hon'ble the Chief Minister with other Ministers, including the Ministers in charge of Environment and Urban Development Departments to oversee the programme for protection, preservation and improvement of the waterbodies. The State Government will also constitute the Water Resources Committee headed by the Chief Secretary which may include the Secretaries of Environment, Urban Development and Agriculture Departments, for monitoring the implementation of the programme in a time-bound manner with periodic review of its success. This Committee shall place the particulars of the targets achieved and the causes of non- fulfilment of the targets periodically before the Water Resources Counci, for its consideration.
[F] The State Government, the Area Development Authorities and the local bodies are directed to prepare an authenticated record in form of videography, photography and panchnamas of the existing encroachments and take urgent steps to remove them in accordance with law and the rehabilitation policies of the Government. Responsibilities of the officers / staff concerned should be fixed in respect of non-removal of encroachments and fresh encroachments. The Water Resources Committee will closely monitor the removal of encroachments by the concerned authorities, and, the Area Development Authorities and the local bodies shall furnish, quarterly, particulars of such encroachments and their removal to the Water Resources Committee.
[G] The question of determining the peripheral area surrounding a lake or pond on which construction may be prohibited will be taken up by the concerned authorities for consideration in the context of the development of individual lakes and ponds and the authorities will take decisions thereon having regard to the relevant factors which may have a bearing on the protection, preservation and improvement of lakes, ponds and other water bodies, and once the peripheral area, around a lake or pond, in which there will be no construction allowed is determined, the same shall be notified. All the applications for building permissions which may be pending, may accordingly be decided as per the regulations and keeping in view the requirement of individual waterbodies. Rule is made absolute in all these petitions accordingly with no order as to costs. All the applications filed in these petitions stand disposed of in light of this decision with no order as to costs."
9. Therefore, in view of the decision of this Court in Shailesh R. Shah (supra), it is the duty of the State Government and all Area Development Authorities and Local Body to protect, Page 22 of 25 C/WPPIL/181/2011 CAV JUDGEMNT maintain and preserve all the water bodies in the State. The Narayan Sarovar would also be included and in our opinion, the authorities ought to have been vigilant enough to keep this in mind before undertaking the work of construction. However, the question before us is whether there has been any filling-up of the Sarvoar for the purpose of construction or not. For better adjudication of this issue, we directed the State respondent vide our order dated 17th January, 2013, to file supplementary evidence disclosing the area of Narayan Sarovar as reflected in the Revenue record as also a revenue map for the purpose of finding out the encroachment if any. We also directed that in the meantime renovation work carried-out by the Tourism Corporation of Gujarat may continue, but no further land which was reflected in the name of Narayan Sarovar in the revenue record should be encroached. We also directed the Tourism Corporation of Gujarat to give affidavit disclosing the extent of their construction and also to indicate the extent of the construction they proposed to do on the land which is in the name of Narayan Sarovar in the revenue record.
10. Thereafter on 8th August, 2013, a map was produced before us which was prepared on the Scale of 1cm = 20 mtrs. For resolving the dispute, we directed the State respondent to disclose the area of dotted portion on the basis of such scale and also to give separate measurement of the area of the rectangular portion which was claimed to be real Narayan Sarovar as also the area of Garden and Parking based on the map.
Page 23 of 25C/WPPIL/181/2011 CAV JUDGEMNT
11. After due consideration of the matter, more particularly, the maps which are on record and other materials, we have reached to the conclusion that there has been filling-up of the Sarovar to a certain extent which, in our opinion ought not to have been done.
12. At the same time we are also conscious of the fact that the project is completed. We are of the opinion that at this stage, if we direct the authorities to remove the filling and the construction, it will cause more damage to the Sarovar rather than protecting the same. In such circumstances, we are of the opinion that this PIL could be closed by issuing the following directions:-
i) The respondent authorities shall not touch any part of the existing Sarovar in any manner even if it is required for the convenience of the pilgrims and will be duty bound to protect the boundary of the Sarovar existing as on today. There shall not be any further reclamation or filling-up of the pond of the Sarovar, even if it is necessary as on today as a part of the same project.
ii) The respondent authorities are also directed to ensure that there is no obstruction in any manner at any place in the smooth flow of water of the Sarovar.
iii) The respondent authorities shall also ensure that there shall not be any reclamation or filling-up of the Sarovar in the extended area, if any, in future.
iv) The respondent authorities shall ensure that the Sarovar
Page 24 of 25
C/WPPIL/181/2011 CAV JUDGEMNT
is not polluted in any manner. We take note of the fact that toilets have been constructed in large numbers and therefore, the authorities should ensure that in no manner the construction of toilets and the sewerage should pollute the Sarovar.
13. With the above, we close this P.I.L. However, in the facts and circumstances of the case, there shall be no order as to costs.
(BHASKAR BHATTACHARYA, C.J.) (J.B.PARDIWALA, J.) Mohandas Page 25 of 25


The following code is for questions 12 through 14
typedef struct { char *firstname; char *lastname; int age; } Person;
firstname lastname ageWe write a driver routine as follows:
#include "fields.h" main() { Person **p; IS is; p = (Person **) malloc(sizeof(Person *)*10); is = new_inputstruct(NULL); for (i = 0; i < 10; i++) { get_line(is); p[i] = make_new_person(is); } ... }Now, here is a skeleton of make_new_person(). Your job will be to fill in the ``code fragments.''
Person *make_new_person(IS is) { Person *p; Person p2; Person parray[1]; /* Code Fragment 1: Initialize p */ /* Code Fragment 2: Initialize firstname and lastname */ /* Code Fragment 3: Initialize age */ return p; }


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Strictly's Amy Dowden invites 'little brother' Karim Zeroual to her wedding
Amy is set to tie the knot with her fiance next year, and she's formed such a close bond with Karim that she wants him there when she says 'I do'
by Will Twigger, https://www.mirror.co.uk/authors/will-twigger/Strictly Come Dancing pro Amy Dowden has revealed she's nvited her celeb partner Karim Zeroual to her wedding amid 'curse' rumours.
Amy and the CBBC presenter have wowed the judges and public alike from day one, with a string of high-scoring performances under their belt.
Some fans even reckon they're destined to lift the Glitterball Trophy at the series' end, and Amy shares the same ambition for the pair.
Chatting with Hello! magazine, the 28 year old dished about their close bond and said she wants him there on her big day.
"I've made a friend for life," Amy gushed, "I see Karim as my little brother and so I want him to be there."
She added that Karim's a dream student, being a naturally talented dancer.
Amy said: "He's got this abundance of natural ability and star quality - it's something I could see from day one.
"It's something you can't teach."
Karim chimed in: "We can be honest with each other if we like the choreography or we don't. It's a friendship where we both want the exact same thing at the end of it.
"She knows more about me than I know about myself!"
It comes after Karim rubbished rumours of a potential romance between them saying: "I don't really know about any rumours. I'm too busy learning to do this waltz than to worry about stuff like that."
The presenter has been dating university student Poppy Birtwistle for three years, while Amy is also in a relationship and preparing to tie the knot with her fiancé Ben Jones.
The couple are set to tie the knot next July.
They're going from strength to strength on the show, and despite Saturday's Viennese Waltz not being their strongest to date, the pair are among the favourites to win.
They'll have some stiff competition from the likes of Kelvin Fletcher and Oti Mabuse, Saffron Barker and AJ Pritchard, and Michelle Visage and Giovanni Pernice.
Despite being frequent leader board toppers, Michelle and Giovanni found themselves in the bottom two on Sunday's show.
They managed to win out against Mike Bushell and Katya Jones, who were sent home after their fourth dance off in a row.
Saffron and AJ, meanwhile, are sitting pretty at the top of the week eight leader board, after they Waltzed their way to a near perfect score of 39 points.


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