In this PIL, petitioners opposed the construction of three check dams near an existing dam in village Ola, alleging it would prevent the existing dam from filling due to insufficient rainfall. A two-judge bench held that construction policies in technical fields like water conservation are beyond judicial interference absent malafides or arbitrariness.
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[CW-330/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition (PIL) No. 330/2022
----Petitioners
Versus
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----Respondents
For Petitioner(s), through V.C. For Respondent(s)
: Mr. Narpat Singh Rajpurohit
: ---
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA Order
11/01/2022
The petitioners in this public interest litigation have raised the issue of proposed construction of three check dams by the respondents near village Ola, District Jaisalmer.
Learned counsel for the petitioner submitted that at the same site there already exists a dam which is referred to as Ola Dam which stores water sufficient to irrigate approximately 224 hectares of agricultural land. The respondents no. 1 to 6 are in the process of constructing three check dams in the stream of this existing dam. He submitted that due to insufficient rainfall in the region, the existing dam also rarely gets filled to the full capacity. If the check dams are constructed, the dam would not be filled up at all. The petitioners are residents of the village Ola and therefore opposed construction of these check dams.
In the highly technical and scientific fields, such as conservation of water resources, it is the Government agencies who frame policies and implement the same and the Courts do not have the technical or scientific expertise and cannot upset such
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policy decisions, unless the same are shown to be mala fide or wholly arbitrary. The Courts always have due regards to the executive in the technical and scientific fields. Whether the check dams should be constructed or not and whether construction of check dams have furthered the object of maximum utilization of rain water are issues, the Court would not normally enter into.
In the result, the public interest petition is dismissed.
(REKHA BORANA),J
(AKIL KURESHI),CJ
3-jayesh/-
2 issues framed by the court
Whether the Court should interfere with the government decision to construct check dams near an existing dam.
Whether the proposed construction of check dams is arbitrary or without nexus to the object of conserving water resources.
SUMER SINGH AND OTHERS
UNION OF INDIA
AKIL KURESHI
REKHA BORANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
