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6. It has been contended on behalf of the petitioners by the learned Counsel appearing for the petitioners as well as the learned Counsel who assisted the Court as Amicus Curiae that the neglect on the part of the respondents authorities has brought a situation to the present pass where most of the water-bodies have dried up and encroachment is rampant in many of them. Referring to the provisions of Articles 39(b), 48A, 51A(g) of the Constitution, as also the provisions showing the functions of the local authorities under Articles 243G and 243-W, read with Schedules 11 and 12 to the Constitution, the Counsel argued that, despite there being clear Constitutional mandate to preserve and improve lakes and ponds, the State and the Urban Development Area Authorities, as also the Local Bodies have miserably failed in the discharge of their duties, though fully armed with powers, coupled with duty, under various provisions of the laws laying down their functions. The learned Counsel referred to the provisions of the Bombay Provincial Municipal Corporations Act, 1949, the Gujarat Municipalities Act, 1963 and the Gujarat Panchayats Act, 1993 to point out that the Local Bodies were amply armed with powers to remove encroachments and to preserve lakes and ponds and do appropriate water management of the water supply sources falling within their areas. The provisions of Environment (Protection) Act, 1986 and the Water (Prevention and Control of Pollution) Act, 1974 were referred, to point out that both quantity and quality of water were required to be preserved by the concerned authorities, in the interest of public having an access to the water from lakes and ponds. It was submitted that these authorities were trustees of such natural resources and were duty bound to preserve them and it was no answer to say that lakes have dried up. It was submitted that all the lakes and ponds should be notified so that their identity does not get lost in future and necessary desilting should also be done to rejuvenate them. For that purpose, storm water drainage system and water harvesting programme should be implemented. There should hot be allowed any construction near the periphery of the water-bodies so as to hamper their use or to prevent the natural course of water which fill such lakes and ponds during the rainy season. It was submitted that the water policy should be announced and implemented to ensure that the posterity is assured of water supply suited to good health of the community.

10. 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 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 word "tank" also means a pool, pond, reservoir or cistern, especially one for drinking water or irrigation - See Webster's II New Riverside University Dictionary. The State is enjoined with a duty under Article 48A of the Constitution to protect and improve the environment and to safeguard the forests and wildlife of the country and every citizen has a duty under Article 51A(g), inter alia, to protect and improve the natural environment including forests, lakes and rivers. The State Legislature has, under Entry 17 of List II of the Seventh Schedule to the Constitution, competence to make laws with regard to water i.e. water supplies, irrigation and canals, drainage and embankments, water storage and water power, subject to the provisions of Entry 56 of the Union List. The Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary with respect to schemes for economic development and social justice, as may be entrusted to them including those in relation to the matters covered in the Eleventh Schedule right from Article 243G of the Constitution, namely, "Minor irrigation, water management and watershed development" at Entry 3, and "drinking water" at Entry 11. Similarly, the Municipal Corporations and the Municipalities may be entrusted by law the matters enumerated in the Twelfth Schedule, which included "water supply for domestic, industrial and commercial purpose" at Entry 5, "Urban forestry, protection of environment and promotion of ecological aspects" at Entry 8, besides "Urban planning including town planning" at Entry 1, all read with Article 243W of the Constitution. The State Legislature has exclusive power to legislate with regard to local Government, that is to say, the constitution and power of Municipal Corporations etc. under Entry 5 of the State List.