Suo Moto vs State Of Rajasthan And Ors on 12 December, 2011
During the hearing it was not disputed before us that the State
of Rajasthan, Water Resources Department itself after the judgment
of the Hon‟ble High Court of Rajasthan in the case of Suo- Motu vs.
State of Rajasthan as well as of the Hon‟ble Supreme Court in the
case of Jagpal Singh & Ors. vs. State of Punjab and even prior to
that in 2002 vide a circular no. 03/2002 on the subject „technical
specifications and directions of anicut construction‟ has dealt with
the aforesaid issues with regard to the construction of anicuts their
location and specifications. In this connection we would like to
reiterate the concern expressed by the Learned Commissioner that the
area in question has fractured lithography where the anicuts would be
fatal for the water body as these would stop the inflow of water from
the catchment area completely. In the light of the above observations
and findings of the Learned Commissioner and also material placed
before us in the form of the two maps which has been appended to the
commissioner report, we are prima facie of the view and which is
also shared by all the parties concern that the primary concern and
responsibility of all has to be saving and protecting and ensuring the
safety of the Shakti Sagar Lake.