Date post: | 03-Apr-2018 |
Category: |
Documents |
Upload: | naresh-kadyan |
View: | 227 times |
Download: | 1 times |
of 117
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
1/117
ITEM NO.10 COURT NO.10 SECTION PIL
S U P R E M E C O U R T O F I N D I ARECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 108 OF 2013
NARESH KADYAN Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With appln(s) for exemption from filing
O.T.,directions,PERMISSION TO FILE
LENGTHY LIST OF DATES)
Date: 04/03/2013 This Petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN
HON'BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) Mr. Jayant Bhushan, Sr.Adv.
Mr. Pankaj Kumar Singh, Adv.
Mr. Aniruddha P. Mayee,Adv.
For Respondent(s)
UPON hearing counsel the Court made the following
O R D E R
Adjourned to 8.4.2013 to enable learned counsel for
the petitioner to serve copy of the writ petition
upon standing counsel for the State of Rajasthan,
whose name shall be shown by the Registry in the
Cause List on the next date of hearing.
|(A.D. Sharma) | |
(Renuka Sadana) |
|Court Master | |Court Master
|
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) No. 108 OF 2013
IN THE MATTER OF:
Naresh Kadyan Petitioner
Versus
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
2/117
Union of India and Ors Respondents
WITH
I.A. No.of 2013
(Application for Exemption from filing official translation)
WITH
I.A. NO. of 2013
(Application for Interim Directions)
WITH
I.A. No. of 2013(Application for permission to file lengthy List ofDates)
I N D E XFOR INDEX KINDLY SEE INSIDE
ADVOCATE FOR THE PETITIONER:ANIRUDDHA P. MAYEE
I N D E X
S.No. Particulars. Pages
1. Listing Proforma
2. List of Dates and Events
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
3/117
3. Writ Petition with affidavit.
4. Annexure P-1A copy of the V.T. KrishnamachariAward dated 29.4.1961
5. Annexure P-2A copy of the Ramsar Conventionon Wetlands of InternationalImportance especially as WaterfowlHabitat
6. Annexure P-3
English Translation of the enquiryreport by Shri Vinod Kapur dated20.4.2010
7. Annexure P-4A copy of the annual report of theState Level Screening Committeeon Sambhar Wetland Project
8. Annexure P-5A copy of a list of notified areas bythe Central GroundwaterConservation Board, which is anauthority established under section3(3) of the Environment ProtectionAct
9. Annexure P-6
A copy of the GUIDELINES/CRITERIA FOR EVALUATION OFPROPOSALS/ REQUESTS FORGROUND WATER ABSTRACTIONwith effect from 15.11.2012
10. I.A. No. of 2013Application for Exemption fromfiling official translation.
11. I.A. No. of 2013Application for interim directions.
12. I.A. No. of 2013Application for permission to filelengthy List of Dates.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
4/117
S Y N O P S I S A N D L I S T O F D A T E S
The Petitioner is filing the present petition in Public Interest
for the protection of one of the largest Saline Water Lakes
in the World - THE SAMBHAR LAKE in Rajasthan. It is stated
that said lake is the Largest Saline Water Lake in India and
this saline wetland elliptical in shape, has a length of 35.5
KM and Breadth varying between 3 KM and 11KM. It is
located and extends in three districts of Jaipur, Nagaur and
Ajmer. The circumference of the lake is 96 KM surrounded
on its sides by the Arravali Hills. The water depth of this
lake earlier varied from 60 cm during the dry season to 3
metres after the monsoons. The area of the lake varies
approximately 90 squire miles.
It is stated that the Sambhar Lake has been designated as
a Ramsar Site in the year 1990 and was home to several
species and thousands of migrating birds during the winter
season. Along with Phulera and Deedwana, the Sambhar
Lake has been one of the most important wintering area
for the Flamingoes (i.e. both Phoniconaias Minor and
Phoenicopterus Roseus) in India outside the Rann of Kutch.
Though Sambhar Lake was designated wetland of
International Importance (Ramsar site No. 464) in March
1990 and also an Important Bird Area (IBA site No. IN-RJ-
16), it does not fall under any category of Wildlife
Sanctuary, National Park or a Reserve or for that matter
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
5/117
any conservation cover under the Wildlife (Protection) Act.
It is submitted that on account of the administrative
lethargy in bringing the area under the protective umbrella
of a statutory regime, the number of Flamingoes have
decreased from almost 5 Lakh in 1982-83 to a mere
20,000 in 2008 and may be just few hundreds now.
This situation is result of mushrooming of large number of
unregulated private salt manufacturers who steal saline
water from the lake and also by constructing unauthorized
bore wells in and around lake area by laying pipelines from
outside in to the lake area which in some cases extend up
to even few kilometers. The pipelines have been dug
beneath not only on and through government land, PWD
Roads but also under the Sambhar Lake in order to illegally
extract water from the lake to manufacture salt. The
situation is worsening every year and reaching to a point
where the existence of Sambhar Lake is under threat.
That apart from than the Flamingoes, the Pelicans,
common Sheduck, Red shank, common sandpiper, black
winged stilt, Kentish Plover, Ringed Plover, Ruff and
Sociable Lapwing are other winged visitors to the Sambhar
Lake, which also face threats similar to those being faced
by the flamingoes. The physico-chemical quotient of
Sambhar Lake can be summarized as having a salinity
ranging from 2 to 264 ppt and pH from 7.4 to 9.7. Due to
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
6/117
high salinity regime the biodiversity richness is restricted
mostly to salt-tolerant species. The major biotic
components are phytoplankton, zooplankton, benthic
invertebrates and waterfowls. It is known for its unique
faunal diversity: endemic brine shrimp Artemia salina and
Sevellestheria sambharensis and characteristic flora: alga
Dunaliella salina and Bacterium Serratia sambhariana. This
specialized group of Algae and bacteria supports the
ecology of the lake which in turn supports the waterfowl.
The lake today faces challenges for its very existence.
Apart from its geological and biological importance, the
Sambhar Lake is also a site of Commercial importance on
account of its Salt Producing capacity. It is stated that from
saline water of Sambhar Lake, Approximately 21,00,000
Tonnes of Salt is produced each year making the State of
Rajasthan one of the three Salt Producing States of India.
The Brine of this lake is unique as it has a low potassium
content.
Traditionally Salt has been produced in the lake for more
than 1500 years and the control of Salt Production passed
from the Local Communities to the Rajputs, the Mughals,
the British (i.e. the then Government of India prior to
independence) who took control of all salt production in
order to levy duty thereon, and finally to Government of
India. Post independence, salt production in the area was
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
7/117
under control by Salt Department through Office of Salt
Commissioner, Government of India which was carried out
in controlled way and monitoring by concerned
department so that ecology of the lake area is maintained.
Post independence, the area of Sambhar Lake was given to
newly created public sector for the purpose by
Government of India called Hindustan Salts Limited in 1959
which continued to produce salt with strict monitoring and
maintaining ecological nature of the Sambhar Lake Area so
that migratory birds continue to find their destination in
the area.
Later, on account of dispute on royalty between State
Government and Government of India, matter was referred
for arbitration and by virtue of V T Krishnamachary Award,
Government of Rajasthan and Government of India
(Through its undertaking the Hindustan Salts Ltd) have
framed a Joint Venture Company Sambhar Salts Limited
(hereinafter referred to as the SSL for Short) Award
whereby the 90 Squire Mile area of Lake has been leased
by the Government of Rajasthan to SSL for the purposes of
production of Salt and other activities on a commercial
basis. It may be worthwhile to mention that SSL production
of salt remained around just 3,00,000 tons each year for
decades out of approximately 21,00,000 tons of salt now
produced in surroundings of Sambhar Lake area.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
8/117
Threats to Sambhar:
As has already been highlighted, Sambhar Lake has a
great potential to support large population of flamingos,
other water birds and faunal diversity. Hence, it requires
proper focus and attention for its conservation. This has
become all the more necessary because Sambhar Lake is
facing serious threats due to large scale top soil removal
by private salt industries, heavy vehicular trespass by
villagers, small dam construction in the catchment areas
restricting the water supply of the lake, mushrooming of
private salt industries on the northern belt of the lake from
Nawa to Gudha and other surrounding areas in Nagaur
district, Rupangarh and surrounding areas of Ajmer
District, air and noise pollution due to these industries and
biotic interference including human pressure due to
unregulated tourism and improper drainage system.
The poaching during winter months is very high and
estimated to be more than 100 aquatic birds poached
almost every day and marketed at Jaipur, which is only 70
km away from the lake.
It is submitted that each of the threats summarily
mentioned herein before are the result of no attention or
negligence of authorities and local administration to
estimate the far-reaching consequences of these activities
of modern development. These threats were already
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
9/117
steadily affecting not only the process of establishment of
breeding ground but also ecology of Sambhar Lake and
disturbing the feeding population of flamingos and other
water birds.
It is submitted that the need for filing the present writ
petition before this Hon'ble Court has arisen on account of
the following:
(a) Obstruction of the Free flow of water.
It is submitted that traditionally Sambhar Lake gets water
from a catchment area spanning over 5000 Sq. Km. which
reaches the lake through four seasonal rivers i.e. the
Mendha, the Rupangarh, the Kharian and the Khandel
apart from a number of small streams and rivulets and
direct rain water during the rainy season. It is submitted
that the state government has constructed a large number
of small anikets to support agriculture activity in and
around the Catchment area of the lake apart from the
Large Bhisalpur Dam in Tonk, Rajasthan. It is submitted
that while construction of dams hitherto regarded as an
important development for the state of Rajasthan which
faces draughts and paucity of water but at the same time
for down stream villages it is important that sufficient
water is allowed to flow out of the reservoir in order to
sustain the life in these areas. Lack of water in the
erstwhile rivers causes problems of pollution as the
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
10/117
discharge into the erstwhile rivers continues but with
lack of water inflow, the rivers are reduced to nallas and a
place for collection of pollutants from the adjoining
villages.
Lack of flow of water into the river has a cumulative effect
on the availability of water in the lake which resulted
almost dry position now in summer months and just less
than 30 inches in part of lake area even after rainy season,
hence as a consequence there has been a depletion of
water in the lake which can be attributed to lack of proper
planning and scientific analysis and vested interests within
the state functioning. During summer months, since lake
bed comes to almost dry position, the unauthorized and
unregulated water drawing from bore wells in lake bed has
resulted into lowering the underground water table to
alarming levels thus disturbing ecology of Sambhar Lake.
This situation has forced Central Ground Water Board to
declare area as Dark Zone.
It is submitted that there is a need to protect the feeding
rivers and ensure that they are not encroached so that
when during the monsoon season, there is rain, the rivers
can flow and bring the water to the lake. It is submitted
that if water does not flow through the rivers in the lake
during the monsoon season, the lake would completely
become dry which would affect the Flora and Fauna
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
11/117
including the Flamingoes and other Birds which otherwise
flock to this area during winters. It is submitted that under
the V.T. Krishnamachari Award, the state of Rajasthan was
under an obligation to provide free flow of water into the
lake in order to support salt production and also to
maintain sufficient water in the lake.
The assurance of free flow of water incidentally also
ensured that there was sufficient water not only for salt
production but also for the maintaining the ecological
habitat of the area providing food and water for the birds,
which flock the area. It is however submitted that the state
has not honoured its obligation under the award and as a
consequence there has been depletion of water in the lake
and in fact the spread of the lake has been reduced to a
span of less than 7 sq. Km.
(b) Lack of proper demarcation of the lake and illegal
allotment by the State Government.
The entire lake, which constitutes the Salt Works had been
leased by the State Government to the Joint Venture
Company i.e. the SSL, under the V.T. Krishnamachari
Award for a period of 99 years from 26.1.1960 at an
annual rent of Rs. 5,50,000/- and a 40% share for the State
Government in SSL. The total area of the lake spreads to
90 sq. Miles out of which 60 sq. Miles constitute the Lake
area and the remaining 30 sq. Miles constitute land area.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
12/117
The Geological Survey of India has prepared a map of the
Lake. However, there is a need to prepare a revenue map
by overlaying the said map on the revenue map of the
area so as to identify the actual area which was leased to
the Sambhar Salts Ltd.
It is submitted that in the absence of proper demarcation
and boundary of the Sambhar Lake which has been
leased by the Government of Rajasthan to SSL, there has
been a problem of illegal allotment of land by the state
government treating the land to be revenue lands. It is
stated that about 6620 bighas of land has been allotted by
the state government officers which is being claimed by
SSL. However, in the absence of a proper demarcated Map
with revenue survey numbers which have been leased to
the said company, several allotments have been made by
the state government.
On such alarming situation on unauthorized drawing of
water from lake area and lake bed, a question was raised
in state assembly and State Government appointed Shri.
Vinod Kapoor for making assessment of situation and to
submit recommendations. The officer Shri Vinod Kapur
appointed by the State Government itself has in this
regard recommended as under:-
1. Old map of Sambhar Salt Ltd be overlapped
with the recent map of Tehsil Nava and new
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
13/117
map be prepared so that present scenario may
be clarified and thereafter lake region be
marked from a new dimension. Special team of
land management department be constituted
for correct information of the area of lake and
its recording in the revenue record and its
measurement be taken.
2. Police outpost be constituted for the security of
lake whose cost be borne by Sambhar Salt Ltd.
3. After demarcation of Sambhar lake, deep
trenches all around the land and boundary of
Sambhar Salt Ltd be dug (hard soil digging)
(wherever be necessary), so that there may not
be illegal tapping of water from the lake area in
future nor will be there any kind of
encroachment and illegal tapping of water
being done at present by the private salt
manufacturers by digging bore wells or
somebody has committed encroachment over
the land of Sambhar Salt Ltd, all those will get
automatically removed because whichever
pipelines will come out at the time of digging
trenches can be broken and removed and in
future nobody can jump the trench and install
underground pipelines and even the incoming
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
14/117
of water will be intact in the Sambhar Lake.
Even this fact is worth mentioning at this place
that keeping in mind that there may not be any
adverse effect on the incoming of water into the
Sambhar Lake, wherever there is possibility of
encroachment or of illegal tapping, at those
places trenches be dug on priority basis.
It is submitted that the Khud Kaast Commissioner, Jaipur
has allotted approximately 730 bigha of land to the Ex.
Jaagirdaar and from the year1996 to1998 the District
Administration Nagaur (Nava Sub-Div officer and
Tehsildaar, Nava) has allotted approximately 4790 bigha of
land out of 6620 bigha of land to various private parties for
the production of salt and as a consequence large number
of salt producing units have mushroomed in the area.
It is submitted in addition that the prior to the allotments
which could be made under the Rules, the state
government is required to identify areas which are Open
area or Reserved area for the purposes of Rajasthan
Land Revenue (Saline Area Allotment) Rules 1970. The
said areas have to be notified by the state government and
only thereafter the land is available for allotment. It is
submitted that since the area of the lake has been allotted
to the Sambhar Salts Ltd, it is submitted that the area of
the lake will have to be identified as a Reserve area in
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
15/117
which no allotments can be made. The Petitioner therefore
most respectfully submits that the allotments made by the
state government are therefore wholly illegal and cannot
therefore be sustained.
The Petitioner most respectfully submits that these
persons use the land allotted for establishment of private
salt works and then draw water from the lake illegally thus
resulting in depleting the lake water and underground
water of the lake.
(c) Illegal drawing of water from Sambhar Lake.
Sambhar Lake is divided by a five kms dam into two
unequal parts. The eastern divide of the lake is a brine
reservoir covering an area of 76.8 sq. km. This area
comprises number of salt pans (kyars) for the manufacture
of salt through natural evaporation method by SSL. Though
the process of concentrating salt from the lake brine
involves several steps, the lake water is pumped into these
reservoirs through sluice gates and after it has attained a
certain level of salinity, which increases continuously. The
western part of the lake is open water undisturbed natural
lake ecosystem. It is also sometimes altered by dredging
channels to obtain water for salt manufacturing.
Along the southern length of open waters of the lake are
situated small clusters of Dhanis which are distantly
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
16/117
placed in the region. From Gudha settlement onwards up-
till Nawa and further ahead, a zone of about 10-25 km just
adjacent and along the length of the lake is occupied by
small units of private salt industries. In addition to the
persons who have been illegally allotted lands by the state
government, persons who own and possess lands outside
the lake have indulged in making tube wells and deep bore
wells underground to illegally draw water from the lake.
It is submitted that on account of excessive drawing of
ground water in the area, the central government has by a
notification dated 13.8.2011 including the area of Nawa in
District Nagaur and Rupangarh in District Ajmer declared
as dark zone requiring control and regulation of Ground
water by Central Ground Water Board. It is however stated
that despite rampant extraction of ground water for
industrial purposes in the area, no action is being taken by
the board or any authority in the area. The Petitioner most
respectfully submits that under the guidelines issued for
the control and regulation of ground water by the Central
Ground Water Board, no permission for extraction of
ground water can be given in notified areas by state
administration. It is submitted that while above areas of
Nawa and Rupangarh around lake has been declared a
notified area since 13.8.2011, no ground level action has
been taken to ensure protection of ground water which is
being extracted unabated.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
17/117
It is submitted that most of the private salt production
units use deep bore wells to extract groundwater. Between
15 to 20 bore wells operate in every bigha (0.6 acres) of
land. Excess water pumping has lowered groundwater
levels by almost 200 feet in the area. Deprived of recharge
from subsurface flows, the lake is continuously shrinking
and seasonal streams and rivers are now vanishing. In
addition, the impact of the practice of using pumped water
to make salt now extends beyond the periphery of the
lake. Salt production units now hire tankers which plunder
groundwater from areas further away. With no control in
place to prevent unsustainable groundwater extraction,
regulatory authorities remain paper tigers. Most villages on
the eastern side of the lake now face an acute shortage of
drinking water, causing people to migrate.
With regard to the illegal bore wells located in the area, in
the report by Shri Vionod Kapur, it has been found as
under:-
Sl.No
.
Area No. of BoreWells
1. Jaabdinagar Lake Area 13 Bore2. Among the bore wells situation from
behind of Nava Police Station to the
hills of Mohanpura, stay order of the
court is applicable on a total of11
bore wells
40 bore
3. From Kharadiya till near the Footi 10 Bore.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
18/117
Talab4. From the way of Bawli Gudha till the
hills
15 bore.
5. In front of Aau Turning Point 10 bore.6. Near and in front of Chinai Pillar of
Aau
18 bore
7. In the trenches and drain near the
Tibo of Aau
12 bore.
8. In the lake near the Hut of Aau
Bawariya
15 bore
9. In the middle of Aau near the road 10 bore.10. On the tibe near Chinai pillar going
towards Sinodiya
22 bore.
11. In the lake area going towards
Sinodiya
08 bore.
12. In front of the Hills of Mohanpura in
straight line of Aau
10 bore.
13. In the lake area in front of Modi Salt
near the hills of Mohanpura
17 bore.
14. Behind the hills of Mohanpura till the
old Kharadiya Railway Station
15 bore.
15. In the main lake in the middle of
Mohanpura and Aau
13 bore
16 In Khejdi Jungle 04 bore17 In the lake area beside the Khakdadi
road
08 bore
Total 240borewells
According to the report there are a further 15-20 bores
which are so deep which has not come into sight and
information of the committee. Therefore, there is
possibility of a total approximately 265 under ground bore
wells were present in the lake area at the time of
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
19/117
submission of report in 2010.
The number has been growing so fast that petitioner
however now understands that the number of illegal bore
wells in the area has increased to more than 1000 in just
last two years thereby putting acute pressure on the
natural resource provided by the Lake.
The Petitioner most respectfully submits that in the area of
Nawa under the Nagaur district and Rupangarh falling in
the Ajmer District, the problem has taken huge
proportions. It is submitted that in some areas, the
pipelines along with submersible pumps and cables have
been spread to an extent of over even few kilometers
under the ground. The pipelines and electricity connections
encroach and run under the Government Lands as well as
the Roads Constructed by the Public Works Department
(PWD). The pipelines and electricity connections are wholly
illegal and deserves to be removed immediately but for the
pressure of the local politicians.
(d) Unregulated manufacturing of salt of poor quality by
private manufacturers illegally, leading to health hazard.
It is submitted that salt production continues to define
Sambhar, and most of the town and surrounding areas is
employed through the salt industry. In addition to SSL, the
company that now controls the legal extraction of salt as
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
20/117
already stated, there are many unregulated private salt
manufacturers whose practices erode groundwater
hydrology and threaten Sambhar Lakes ecological health
through desertification. It is submitted that on account of
the unregulated salt of poor quality most of which is not
suitable for human consumption is manufactured and
supplied all over India, putting the health of the large
number of citizens in jeopardy.
It is submitted that on account of the poor quality of the
salt manufactured by the private salt manufacturers in the
area, the Salt Commissioner, Government of India, who
authorizes movement of salt by rail, had to take action and
reject the request for permission to transport the edible
salt by railways. In fact all such illegal salt manufacturers
drawing illegal lake water and underground water from
lake areas have become law unto themselves, threatening
the officers who try to prevent them and creating law and
order problems in the area.
It is submitted that on account of the action taken by the
Salt Commissioner, the Local MLA and MP along with the
musclemen from the area created ruckus in the office of
the Salt Commissioner and had even broken the furniture
etc. in his office. Complaint in this regard was made to the
Ministry of Commerce and Industry and the Secretary,
Department of Industrial Policy and Promotion,
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
21/117
Government of India who in turn had also written to the
Chief Secretary of State Government of Rajasthan about
the event but no action has yet been taken.
The Petitioner has also come to know that the officers of
the SSL were even assaulted in past which was reported to
State Government but no action has been taken. The
Petitioner also understands that the local administration
refrain to take note of such offences and even refuse to
register FIR against such persons if some one approaches
them. This shows administrative and political patronage to
the illegal operators. It has also been reported that many
of such illegal manufacturing facilities are owned by local
or state politicians or retired civil servants.
It is submitted that since no action is being taken by State
Government of Rajasthan on such illegal activity or for
protection and preservation of Sambhar Lake, the
Petitioner most respectfully submits that appropriate
directions need to be given for the protection and
preservation of the Sambhar Lake, for the protection of the
ecological habitat and also for prevention of such illegal
activity in connivance of state politicians and state
administration.
--- The area of Sambhar is located in Rajasthan
approximately 70 km from Jaipur. The Sambhar
Lake is the Largest Salt Water Lake in India and
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
22/117
this saline wetland elliptical in shape, has a
length of 35.5 KM and Breadth varying between
3 KM and 11KM. It is located and extends in
three districts of Jaipur, Nagaur and Ajmer. The
circumference of the lake is 96 KM surrounded
on its sides by the Arravali Hills. The water
depth of this lake was used to vary from 60 cm
during the dry season to 3 metres after the
monsoons. The area of the lake varies
accordingly between 190 to 230 sq. KM.
--- The lake has been used as a source of salt production
from the 6th century AD, which is also around
the time when historians pinpoint that the
present-day town was founded by King Vasudev
of the Chauhan Dynasty. Over time, salt
production of the lake, as well as the town itself,
has passed through the hands of Mughal and
Rajput dynasties, and finally by the British until
independence in 1947. These different
influences have created a multi-dimensional
urban fabric representing all these phases.
Sambhar also has a significant religious history.
It is believed that the lake was a gift by Mata
Shakambhari about 2500 years ago, and is an
important religious site for both Hindus and
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
23/117
Muslims.
1869, 1870
and 1879 The British Government through treaties
executed with the Estates of Jaipur and Jodhpur
has acquired this source. Till the year 1950, the
Govt. of India made payment to these estates in
accordance with the treaties.
1935 The Government of India Act, 1935 came into force
and all properties belonging to the erstwhile
British Government vested in the Government
of India. Section 172 of the said Act provided as
under:-
172 Vesting of Lands and Buildings
(1) All lands and buildings which immediately
before the commencement of Part III of
this Act were vested in His Majesty for the
purposes of the Government of India shall
as from that date
(a) in the case of lands and buildings
which are situate in a Province, vest
in His Majesty for the purposes of the
government of that Province unless
they were then used, otherwise than
under a tenancy agreement between
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
24/117
the Governor-General in Council and
the Government of that Province, for
purposes which thereafter will be
purposes of the Federal Government
or of His Majesty's Representative for
the exercise of the functions of the
Crown in its relations with Indian
States, or unless they are lands and
buildings formerly used for such
purposes as aforesaid, or intended or
formerly intended to be so used, and
are certified by the Governor-
General in Council or, as the case
may be, His Majesty's
Representative, to have been
retained for future use for such
purposes, or to have been retained
temporarily for the purpose of more
advantageous disposal by sale or
otherwise;
(b) In the case of lands and buildings
which are situated in a Province but
do not by virtue of the preceding
paragraph vest in His Majesty for the
purposes of the government of that
Province, and in the case of lands
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
25/117
and buildings which are situate in
India elsewhere than in a Province,
vest in His Majesty for the purposes
of the government of the Federation
or for the purposes of the exercise of
the functions of the Crown in its
relations with Indian States,
according to the purpose for which
they were used immediately before
the commencement of Part III of this
Act; and
(c) In the case of lands and buildings
which are situated elsewhere than in
India (except lands and buildings
situate in Burma or Aden), vest in His
Majesty for the purposes of the
government of the Federation or, if
they were immediately before the
commencement of Part III of this Act
used for purposes of the department
of the Secretary of State in Council,
for the purposes of His Majesty's
Government in the United Kingdom.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
26/117
It is submitted that powers under the
Government of India Act, 1935 were
distributed among the federation and the
provinces under section 100 of the Act
read with seventh schedule to the said Act
which contained a list of areas of
legislative competence of the federation
and the provincial governments. It is
submitted that the federation list
contained the following entries:-
10. Works, lands and buildings vested in,
or in the possession of, His Majesty
for the purposes of the Federation
(not being naval, military or air force
works), but, as regards property
situate in a Province, subject always
to Provincial legislation, save in so
far as Federal law otherwise
provides, and, as regards property in
a Federated State held by virtue of
any lease or agreement with that
State, subject to the terms of that
lease or agreement.
47. Salt.
It is thus submitted that in view of the
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
27/117
above provisions under section 172(a), the
lands and buildings used for the purposes
of manufacture of salt which was an area
reserved for the federal government, the
properties of Government Salt Works
came to be vested in the Federal
Government under the Government of
India Act, 1935.
15.8.1947 India attained Independence.
26.2.1950 It was decided under the agreement executed
between Chief of State, Govt. of Rajasthan and
Honble President, Govt. of India on 26.02.1950
that payment of royalty shall be made to the
Rajasthan Government at the rate of 40 percent
on the salt manufactured more then 17.25 lakh
tone and 5.50 lakh as lease rent every year for
the up coming 10 years. Thus the Government
of India entered into agreements which the
Government of Rajasthan for a long term of
lease of the Salt Sources in Rajasthan for the
production of Salt and its bye Products. The
agreement for lease entered into between the
Government of India and the Government of the
State of Rajasthan was to expire on 26.1.1960.
26.1.1951 The Constitution of India came into force. Article
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
28/117
294 of the Constitution provides the manner of
succession of the properties. The said article
provides as under:-
294. As from the commencement of this
Constitution
(a) all property and assets which
immediately before such commencement
were vested in His Majesty for the
purposes of the Government of the
Dominion of India and all property and
assets which immediately before such
commencement were vested in His
Majesty for the purposes of the
Government of each Governors Province
shall vest respectively in the Union and
the corresponding State, and
(b) all rights, liabilities and obligations of
the Government of the Dominion of India
and of the Government of each Governors
Province, whether arising out of any
contract or otherwise, shall be the rights,
liabilities and obligations respectively of
the Government of India and the
Government of each corresponding State,
subject to any adjustment made or to be
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
29/117
made by reason of the creation before the
commencement of this Constitution of the
Dominion of Pakistan or of the Provinces
of West Bengal, East Bengal, West Punjab
and East Punjab.
Thus in terms of Article 294(a), the Government of
India became the owner of the properties which
immediately before the Constitution was vested
His Majesty for the government of the Dominion
of India. It is submitted that as a consequence
of the said article, the Government of India
became the owner of the property of
Government Salt Works at Kharghoda.
In addition it is further submitted that as per
entry no 58 in the List I (union list) of the
Seventh Schedule read with Article 246 of the
Constitution, salt was classified as a Central
Subject. It is submitted that in terms of Article
295(1), all properties, assets, rights, liabilities
and obligations of Government of any erstwhile
Indian State, which was used for any purpose
which was covered under the Union List, came
to be vested in the Government of India. Thus
even if the property belonged to an erstwhile
Indian state, prior to the independence, but was
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
30/117
being used for a purpose which was covered
under the Union List, the title to the property
became vested in the Union. It is submitted that
since Salt was a subject matter covered by the
Union List, all properties of the Salt works came
to be vested in the Union Government of India.
1958 Hindustan Salts Ltd., a Government of India
undertaking was established by the
Government of India with all its share capital
being held by the Government of India to
undertake the activity of Manufacture and
marketing of Salt and for the said purpose
various regions under the control of Salt
Department of Govt. of India, also including
Sambhar, was transferred to Hindustan Salt
Limited on 13.01.59.
22.3.1960 &
30.3.1960 Lease of the salt sources in the state of
Rajasthan, was to expire on 26.1.1960 and
therefore in order to arrive at the terms and
conditions as well as the lump sum
consideration to the paid for the duration of the
lease, by a letter dated 22.3.1960, the Hon'ble
Chief Minister of the State of Rajasthan and by a
letter dated 30.3.1960, the Ministry of
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
31/117
Industries, Government of India, referred the
matter for Arbitration by Shri V.T.
Krishnamachari.
29.4.1961 Shri V.T. Krishnamachari delivered the award,
known as the V.T. Krisnamachari Award in
which it was decided as under:-
(1) For 99 Years lease of the Sambhar
Lake to the Government of India, the State
of Rajasthan will be paid the existing
Annual Rent of Rs 5.50 Lakhs over the
entire period. The Government of
Rajasthan should carry out all measures
needed to ensure free flow of water into
the Sambhar Lake.
(2) A Company should be setup for
working the Sambhar Area and carrying
out the integrated programme of
development envisaged in which the
Government of India (Either by themselves
or through Hindustan Salts Co) and the
Government of Rajasthan will be
Shareholders. The Government of India
will allot free shares in favour of the
Government of Rajasthan to the extent of
40% of the paid up capital of the company
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
32/117
from time. This will be in full consideration
to the Rajasthan Government for royalty.
None of the other claims advanced by the
Rajasthan Government are admissible.
The Rajasthan Government will have two
representatives on the board of the
Company.
(3) For the period between the expiry of
the present arrangement (January 1960)
and formation of the company referred to
in (2) above, payment will be made to the
Rajasthan Government on the terms in
force up to January 1960.
(4) If the period between five year
period 1960-61 to 1964-65 it is found that
the aggregate payments made to the
Rajasthan Government falls below 80
Lakhs i.e. Rs 16 lakhs a year on an
average, the difference will be made good
by the company to the Rajasthan
Government. This is a temporary
arrangement to avoid dislocation if any
caused to the revenues of that
government during the next plan period.
(5) If any question arises in regard to
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
33/117
this award on which the parties differ, a
reference shall be made to an arbitrator
agreed to between the parties, or in the
event of the parties not agreeing, an
arbitrator appointed by the Chief Justice of
India. The Decision of the arbitrator shall
be binding on both the parties.
30.9.1964 SSL a subsidiary Company of M/s Hindustan
Salts Limited was constituted in implementation
of the V.T. Krishnamachari Award and the entire
Sambhar lake was transferred to the said
Company on a lease of 99 Years. It is thus
submitted that 90 sq. miles region of the lake
has been leased by the government of
Rajasthan to the SSL for a period of 99 Years.
20.3.1970 The State of Rajasthan Framed the Rajasthan
land Revenue (Saline Areas Allotment) Rules,
1970. Rule 2(f) of the said rules define Open
Area which is available for allotment and Rule
2(g) defines Reserved Area as under:-
2(f) Open Area means a saline area
other than a reserved area
2(g) Reserved Area means a saline area
in which salt is manufactured by or
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
34/117
under the control of the Government
of Rajasthan and/or by the Central
Government.
It is submitted that under Rule 6(2) of the said
rules, the state government has to issue a
notification declaring a saline area to be an
open area or a reserved area and thereafter
the Director is required to demarcate suitable
plots out of the open area.
It is submitted that to the best of information
available with the Petitioner the state
government has not demarcated the saline area
at Sambhar and as a consequence the Sambhar
Lake which has been leased to SSL continues to
be illegally encroached/commercially exploited
by private salt manufacturers.
2.2.1971 The Convention on Wetlands of International
Importance especially as Waterfowl Habitat was
signed on 2.2.1971 in the Iranian City of Ramsar
and hence called the Ramsar Convention at an
intergovernmental level BEING CONVINCED that
wetlands constitute a resource of great
economic, cultural, scientific, and recreational
value, the loss of which would be irreparable
and DESIRING to stem the progressive
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
35/117
encroachment on and loss of wetlands now and
in the future. While RECOGNIZING that
waterfowl in their seasonal migrations may
transcend frontiers and so should be regarded
as an international resource and that the
conservation of wetlands and their flora and
fauna can be ensured by combining far-sighted
national policies with co-ordinated international
action it was resolved to protect the identified
wetlands in the respective countries.
23.3.1990 Under the Ramsar Convention, the Sambhar
Lake 24,000 ha; 2700N 07500E. was
included as one of the sites necessitating
protection as a wet land in Rajasthan;
--- It is submitted that in the land revenue settlement
carried out, from out of the land of the lake
from Village Jaabdinagar to Mohanpura of
District Nagaur, Tehsil Nawa, approximately
6620 bigha of land was illegally recorded in the
Khata of the state Government eventhough the
same was leased to SSL and on the basis of the
said wrongful recording in the revenue records,
land was allotted at district administration level
for salt production to many private parties,
institutions. It is submitted that the Khud Kaast
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
36/117
Commissioner, Jaipur has allotted
approximately 730 bigha of land to the Ex.
Jaagirdaar. From the year 1996 to 1998 the
District Administration Nagaur (Nava Sub-Div
officer and Tehsildaar, Nava) has allotted
approximately 4790 bigha of land out of 6620
bigha of land to various private parties for the
production of salt.
21.9.2002 A meeting held under the Chairmanship of
Revenue Secretary, Government of Rajasthan
on 21.09.2002 with respect to the land of
Sambhar Lake, wherein, discussion was also
held with respect to the Land measuring 6620
bigha recorded in the revenue records. In the
said meeting, the District Collector Nagaur, Sub-
Div. Officer Nava, Sub-Div. Officer Sambhar
Lake, officials of SSL and Under Secretary to the
Govt, Revenue Group-3 Department
participated. In the said meeting it was decided
as under:-
(1) Getting demarcation of pucca construction
of SSL and adjoining lands in the revenue
land from the District Collector and its
information be provided to SSL.
(2) No kind of land be allotted in this region in
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
37/117
future and description of this region
(allotment prohibited region) Khasra
number wise be made available by the
District Collector, so that decision may be
taken in this regard; and
(3) The allotment which the State
Government has made of revenue land to
the persons in a region, till the limits of
that region there is no proceeding
requisite, but if besides this, there may be
any encroachment then the District
Administration shall carry out effective
proceedings in this regard and get
removed encroachment.
28.11.2007 The state government has framed Rajasthan
Land Revenue (Allotment of land in Saline
Areas) Rules, 2007, repealing the Rajasthan
Land Revenue (Saline Areas Allotment) Rules,
1970.
10.3.2010 The state government appointed Shri Vinod
Kapur as an Enquiry Officer to give effect to the
decision for carrying out enquiry with respect to
illegal possession taken over by the private salt
manufacturers on the land under SSL and illegal
tube wells, bore well and pipe lines dug for
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
38/117
carriage of water vide Order No. P.10 (7)
Industry/Group-2/2010 Dated 10.03.2010. The
enquiry had to be conducted in respect of the
following:-
1. Regarding Illegal possession taken over by
the private salt manufacturer on the land
under SSL.
2. Regarding illegal tube wells, bore well and
pipe lines laid for carriage of water by the
private salt manufacturers on the land
under the peripheral region of SSL.
3. Regarding electricity connection granted
for tube wells constructed for carriage of
water by stealing from the peripheral
region of SSL by the private salt
manufacturers.
2010 Shri Vinod Kapoor submitted a detailed report
detailing the problems being faced around
Sambhar Lake and in which the Sambhar Lake
has been described as a reserved salt region
but it has been stated as under:-
1. Sambha
r District
Jaipur
90
Sq.
Miles
Sambha
r Salt
Limited
Sambhar Salt Ltd.
Was constituted
under V.T.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
39/117
Krishnamachari
Award (1961) in the
year 1961. Correct
boundary knowledge
of Sambhar Salt Ltd.
is not known at
present. But this
point is also running
disputed for which
immediate boundary
knowledge is quite
requisite.
With regard to the identity of the Sambhar Lake
Region, it has been stated as under:-
No revenue map of the portion of
Sambhar lake surrounded by the
boundaries of three District of Rajasthan
namely Nagaur, Ajmer and Jaipur nor is
there any entry of the portion of this
region in the records. Even its entry was
not found in the villages such as Nawa,
Mohanpura, Baawali, Gudha, Ulhana,
Gudha Rajawata, Jaabdinagar, Gudha Salt
of District Nagaur adjoining to the
Sambhar Lake and also not in the records
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
40/117
of villages Typda, Bagh Ki Dhani, Tyod,
Dhirawata, Ramni and Korsina of
Khakhadki District Jaipur, Tehsil Sambhar
and not even the record of rights in the
villages Aau, Sinodiya and Jhaag of
District Ajmer, Tehsil Kishangar, whose
copy has been separately presented by
the Collector Nagaur for perusal.
According to the note sent by the
Sambhar Salt Ltd, map of Sambhar Lake
after independence has been prepared by
the Survey of India in the year 1951,
according to which area of the lake is 90
sq miles, which is situated in three
districts Nagaur, Ajmer and Jaipur
respectiveily. In this regard, Sambhar Salt
Ltd has made available a letter dated
which was written on 16.10.2007 from the
office of Survey of India to the Sr.
Manager, Sambhar Salt Ltd in reference to
his letter dated 25.09.2007, which was
related to the calculation of area of
Sambhar Lake.
Through this letter, Sambhar Salt Ltd. was
informed by the Survey of India that area
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
41/117
of Sambhar Lake as shown by you in the
map is 227.57 sq. km. Therefore, you are
being supplied data as per requisite
demand. The map concerning the same
which was sent by the Survey of India to
the Sambhar Salt Ltd. was returned by
him with this information. Area as
mentioned in the rear side of the letter is
227.57 sq. km =87.84 sq.
miles=56217.60acres.
with regard to the illegal bore wells located in the
area, the report records as under:-
Sl.No
.
Area No. of
Bore
Wells1. Jaabdinagar Lake Area 13 Bore2. Among the bore wells situation
from behind of Nava Police Station
to the hills of Mohanpura, stay
order of the court is applicable on
a total of11 bore wells
40 bore
3. From Kharadiya till near the Footi
Talab
10 Bore.
4. From the way of Bawli Gudha till
the hills
15 bore.
5. In front of Aau Turning Point 10 bore.6. Near and in front of Chinai Pillar of
Aau
18 bore
7. In the trenches and drain near the 12 bore.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
42/117
Tibo ofAau8. In the lake near the Hut of Aau
Bawariya
15 bore
9. In the middle of Aau near the road 10 bore.10. On the tibe near Chinai pillar going
towards Sinodiya
22 bore.
11. In the lake area going towards
Sinodiya
08 bore.
12. In front of the Hills of Mohanpura
in straight line of Aau
10 bore.
13. In the lake area in front of Modi
Salt near the hills of Mohanpura
17 bore.
14. Behind the hills of Mohanpura till
the old Kharadiya Railway Station
15 bore.
15. In the main lake in the middle of
Mohanpura and Aau
13 bore
16 In Khejdi Jungle 04 bore17 In the lake area beside the
Khakdadi road
08 bore
Total 240
bore
According to the committee 15-20 bores can also be
of such nature those may be constructed too
much in depth, which has not come into sight
and information of the committee. Therefore,
there is possibility of a total approximately 265
under ground bore present in the lake area.
--- The Petitioner however understands that the actual
number of illegal bore wells in the area has
increased to more than 1000.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
43/117
With regard to illegal use of electricity by the said
illegal bore wells it has been stated as under:-
Here this fact is worth mentioning that
entire encroachment is related to theft of
brine from mainly lake region and
manufacture of salt and it is not possible
to commit theft of brine without using
electricity and laying long pipe line and
laying long cable line in an illegal manner.
Therefore, for its prevention the Ajmer
Electricity Distribution Corporation Limited
has to prevent the illegal use of electricity
in an effective manner for a quite long
time and carrying out of strict proceeding
under its rules/acts is requisite for which
taking cooperation of district
administration, police administration and
Sambhar Salt Ltd as per requirement has
to be ensured
In the end, the enquiry officer has given the
interalia following suggestions for permanent
solution to the problems being faced:-
1. Proper demarcation of the area of the
Sambhar Lake by overlapping of the map
of the Geological survey of India and the
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
44/117
recent map of Tehsil Nava. Special team
of land management department be
constituted for correct information of the
area of lake and its recording in the
revenue record and its measurement be
taken.
2. Police outpost be constituted for the
security of lake whose cost be borne by
Sambhar Salt Ltd.
3. After demarcation of Sambhar Lake, deep
trenches all around the land of Sambhar
Salt Ltd be dug (hard soil digging)
(wherever be necessary), so that there
may not be illegal tapping of water from
the lake area in future. Further sufficient
security staff be kept, who may keep
effective vigil.
4. Joint team of District administration, police
administration, Sambhar Salt Ltd., Ajmer
Electricity Distribution Corporation Ltd be
constituted in order to prevent illegal
possession/illegally made bore well, tube
wells/pipe lines laid in an illegal manner
and the misuse of electricity connection
etc on the vacant lying land of Sambhar
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
45/117
Salt Ltd. and proceeding for forcibly
removing illegal possession be carried out.
5. Watch towers be constructed at sufficient
height at various places in the limits of
Sambhar Salt in which sufficient
employees be deployed, adequate
resources be made available to these
employees such as binoculars, flags,
mobile phones etc.
2011-12 In pursuance of the recommendations made in
the report of Shri Vinod Kapur, the state Level
committee was formed in the annual report of
the said committee the importance of the
Sambhar Lake as well as the problems being
faced by it have been enumerated however no
concrete action has been taken.
13.8.2011 The Central Government has by a notification
dated 13.8.2011 declared Sambhar as a notified
area for the control and regulation of Ground
Water. It is submitted that the area is classified
as Dark Zone where no extraction of ground
water is permissible.
It is submitted that Sambhar in Rajasthan
has been included at Sl. No. 112 of the said List
stated to be notified by a notification dated
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
46/117
13.8.2011.
15.11.2012 The Central Government through the Central
Groundwater Conservation Board has framed
the Guidelines for the evaluation of proposals
for ground water abstraction.
--- It is submitted that despite knowledge of the various
problems being faced at the Sambhar Lake,
nothing concrete has been done by the state
government and its agencies or the government
of India and its agencies and as a consequence
of the laxity on the part of the State
Government and the Central Government, great
damage is being done to the ecological habitat
of the area. Thus being aggrieved, the
Petitioner is filing the present writ petition
before this Hon'ble Court for passing suitable
orders for the protection of the environment
and taking measures for the conservation of the
Sambhar Lake.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. of 2013
(Under Article 32 of the Constitution of India)
IN THE MATTER OF
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
47/117
Naresh Kadyan,
S/o. Shri Om Prakash Kadyan,Age 51,
R/o. C-38, Rose Apartment,
Sector-14, Paschim Vihar,
Rohini,
Delhi-110085Petitioner
-Versus-
1
.
Union of India, through the Secretary,
Department of Industrial Policy & Promotion,
Ministry of Commerce and Industry,
Udyog Bhawan, New Delhi 110011.
2
.
Union of India, through the Secretary,
Ministry of Heavy Industries and Public
Enterprises, Udyog Bhawan,
New Delhi 110011.
3
.
Sambhar Salts Limited, (Subsidiary of
Hindustan Salts Limited, )through the
Chairman & Managing Director,
Hindustan Salts Limited,
B-427, Pradhan Marg, Malviya Nagar,
Jaipur 302017, Rajasthan.
4
.
Salt Commissioner, Government of India
2-A, Lawan Marg, Jhalan Doongri,
Jaipur 302017, Rajasthan.
5
.
Government of Rajasthan, through the
Chief Secretary, Government Secretariat,
Jaipur 302005, Rajasthan.
6 Government of Rajasthan, through the
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
48/117
Principal Secretary, Finance Department,
Government Secretariat, Jaipur 302005,Rajasthan.
7
.
Government of Rajasthan, through the
Principal Secretary, Home Department,
Government Secretariat, Jaipur 302005,
Rajasthan.
8
.
Government of Rajasthan, through the
Principal Secretary, Industries Department,
Government Secretariat, Jaipur 302005,
Rajasthan.
9
.
Government of Rajasthan, through the
Principal Secretary, Public Works
Department,
Government Secretariat, Jaipur 302005,
Rajasthan.
1
0
.
Government of Rajasthan, through the
Principal Secretary, Medical Health &
Family Welfare Department,
Government Secretariat, Jaipur 302005,
Rajasthan.
1
1
.
Ajmer Vidyut Vitaran Nigam Limited,
Through the Chairman & Managing
Director, Hathi Bhata, City Power House,
Jaipur Road, Ajmer 305001, Rajasthan.
1
2
.
District Magistrate, Nagaur, Collectorate,
District Nagaur, Rajasthan.
1
3
District Magistrate, Ajmer, Collectorate,
District Ajmer, Rajasthan.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
49/117
1
4
.
District Magistrate, Jaipur (Rural),
Collectorate, Jaipur, Rajasthan.
1
5
.
Director General of Police, Rajasthan
Jaipur, Rajasthan.
Respondents
WRIT PETITION UNDER ARTICLE 32 OF THE
CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF
MANDAMUS OR SUCH OTHER WRIT OR DIRECTIONS
FOR THE PRESERVATION AND CONSERVATION
OF THE SAMBHAR LAKE HABITAT AND FOR
PROPER AND ADEQUATE AND EFFECTIVE
IMPLEMENTATIONS OF THE RECOMMENDATIONS
CONTAINED IN THE REPORT DATED 20.4.2010 OF
THE ENQUIRY OFFICER APPOINTED BY THE STATE
GOVERNMENT RELATING TO THE PROBLEMS BEING
FACED IN AND AROUND THE SAMBHAR LAKE.
To
HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS
COMPANION JUDGES OF THE SUPREME COURT OFINDIA
THE PETITIONER ABOVE NAMED MOST
RESPECTFULLY SUBMITS AS UNDER:
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
50/117
1. That the petitioner is filing the present writ petition in
the nature of a Public Interest Litigation for the
protection of one of the largest Salt Water Lakes in
the World - THE SAMBHAR LAKE in Rajasthan. It is
submitted that on account of the administrative
inaction leading to destruction of catchments and the
rivers which brought water to the said lake as well as
on account of excessive illegal drawing of water from
the lake has threatened the very existence of the
lake and which has in turn affected the saline
ecosystem and habitat of the area. It is submitted
that on account of the depleting sustainable habitat,
the number of flamingoes which were visiting the
area have reduced manifold and hence the need for
filing the present writ petition before this Hon'ble
Court. The present writ petition is being filed under
Article 32 of the Constitution of India for the
protection of Environment which is part of Right to
life under article 21 of the Constitution of India and
the arbitrary inaction on the part of the officers of the
central as well as the state government which
violates the rights of the citizens under article 14 of
the Constitution of India.
The Petitioner has not approached the National Green
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
51/117
Tribunal nor has approached any of the concerned
authorities in this regard. The present writ petition is being
filed by the Petitioner in his individual capacity.
2. The Petitioner a citizen of India and Post Graduate in
Mass Communication & Journalism. The Petitioner is
the founder chairperson of PFA Haryana, which is a
non governmental organization for the protection of
animals and their rights. His life had been committed
for his career and later on got focused on dumb and
helpless animals and their protection from insensitive
commercial interest and the greed of humanity. The
aim and objective of the Petitioner is to provide the
mute animals their core rights to live and breathe in
this Gods created but mankind controlled world. It is
submitted that the Petitioner has been instrumental
in a number of events which resulted in saving lives
of a number of animals. It is submitted that the
Petitioners active role helped in saving lives of
thousands of cows which were being transported
illegally in trains for slaughtering. The Petitioner had
also made representations to the government for the
protection of Dancing Bears which is being
implemented by some NGOs of the country. The
Petitioner has also worked against the use of
Mongoose Hair in Paint Brush Trade and was also
instrumental in rescuing 29 Lions and a Bear from the
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
52/117
Russian Komal Circus from Palwal.
3. That in addition to the above, it is submitted that the
Petitioner has been State President of the Akhil
Bhartiya Gramodyog Mahasangh, Founder Chairman
of another Non Governmental Organisation People
for Animals Haryana affiliated with RSPCA - London
and recognized by the AWBI., National Convener of
the Pashu-Pakshi Raksha Adhikar Samiti under
Sarvdeshik Arya Pritinidhi Sabha -World Council of
Arya Samaj. The Petitioner is an Ex. Inspector of
Haryana State AWBI and Nodal Inspecting Authority
for Haryana & adjoining area of Rajasthan in the
Ministry of Environment & Forests (Govt. of India).
The Petitioner has been Nominee of CPCSEA - Govt.
of India and also compiled a Book in Hindi on the
basis of the animal related laws, naming Pashuoon
Ke Prati Krurta Niwaran. The Petitioner has filed a
number of Public Interest Litigations in the High
Courts relating to issues of public causes like
Unbranded eatables, Satluj-Yamuna link (SYL), Misuse
of oxytocin injections, Former Indian Cricket Team
Captain Nawab M.A Khan Pataudi black buck
poaching in Haryana, Elephant Polo in Jaipur, Wildlife
Trophies, Dog Marriages in Jaipur. That apart, the
Petitioner has been running ambulance & shelter for
animals in distress.
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
53/117
BRIEF FACTS LEADING TO THE FILING OF THE PRESENTPETITION ARE AS FOLLOWS:
4. The area of Sambhar is located in Rajasthan 65km
from Jaipur. The Sambhar Lake is the Largest Salt
Water Lake in India and this saline wetland elliptical
in shape, has a length of 35.5 KM and breadth
varying between 3 KM and 11KM. It is located and
extends to three districts of Jaipur, Nagaur and
Ajmer. The circumference of the lake is 96 KM
surrounded on its sides by the Arravali Hills. The
water depth of this lake varies from 60 cm during the
dry season to 3 metres after the monsoons. The area
of the lake varies accordingly between 190 to 230 sq.
KM. The lake has been used as a source of salt
production from the 6th century AD, which is also
around the time when historians pinpoint that the
present-day town was founded by King Vasudev of
the Chauhan Dynasty. Over time, salt production of
the lake, as well as the town itself, has passed
through the hands of Mughal and Rajput dynasties,
and finally by the British until independence in 1947.
These different influences have created a multi-
dimensional urban fabric representing all these
phases. Sambhar also has a significant religious
history. It is believed that the lake was a gift by Mata
Shakambhari about 2500 years ago, and is an
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
54/117
important religious site for both Hindus and Muslims.
5. That in the years 1869, 1870 and 1879 the British
Government through treaties executed with the
Estates of Jaipur and Jodhpur has acquired this
source. Till the year 1950 the Govt. of India made
payment to these estates in accordance with the
treaties.
6. That in the year 1935, the Government of India Act,
1935 came into force and all properties belonging to
the erstwhile British Government vested in the
Government of India. Section 172 of the said Act
provided as under:-
172 Vesting of Lands and Buildings
(1) All lands and buildings which immediately
before the commencement of Part III of
this Act were vested in His Majesty for the
purposes of the Government of India shall
as from that date
(a) in the case of lands and buildings
which are situate in a Province, vest
in His Majesty for the purposes of the
government of that Province unless
they were then used, otherwise than
under a tenancy agreement between
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
55/117
the Governor-General in Council and
the Government of that Province, for
purposes which thereafter will be
purposes of the Federal Government
or of His Majesty's Representative for
the exercise of the functions of the
Crown in its relations with Indian
States, or unless they are lands and
buildings formerly used for such
purposes as aforesaid, or intended or
formerly intended to be so used, and
are certified by the Governor-
General in Council or, as the case
may be, His Majesty's
Representative, to have been
retained for future use for such
purposes, or to have been retained
temporarily for the purpose of more
advantageous disposal by sale or
otherwise;
(b) In the case of lands and buildings
which are situate in a Province but
do not by virtue of the preceding
paragraph vest in His Majesty for the
purposes of the government of that
Province, and in the case of lands
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
56/117
and buildings which are situate in
India elsewhere than in a Province,
vest in His Majesty for the purposes
of the government of the Federation
or for the purposes of the exercise of
the functions of the Crown in its
relations with Indian States,
according to the purpose for which
they were used immediately before
the commencement of Part III of this
Act; and
(c) In the case of lands and buildings
which are situate elsewhere than in
India (except lands and buildings
situate in Burma or Aden), vest in His
Majesty for the purposes of the
government of the Federation or, if
they were immediately before the
commencement of Part III of this Act
used for purposes of the department
of the Secretary of State in Council,
for the purposes of His Majesty's
Government in the United Kingdom.
It is submitted that powers under the
Government of India Act, 1935 were
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
57/117
distributed among the federation and the
provinces under section 100 of the Act
read with seventh schedule to the said Act
which contained a list of areas of
legislative competence of the federation
and the provincial governments. It is
submitted that the federation list
contained the following entries:-
10. Works, lands and buildings vested in,
or in the possession of, His Majesty
for the purposes of the Federation
(not being naval, military or air force
works), but, as regards property
situate in a Province, subject always
to Provincial legislation, save in so
far as Federal law otherwise
provides, and, as regards property in
a Federated State held by virtue of
any lease or agreement with that
State, subject to the terms of that
lease or agreement.
47. Salt.
It is thus submitted that in view of the above provisions
under section 172(a), the lands and buildings used for the
purposes of manufacture of salt which was an area
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
58/117
reserved for the federal government, the properties of
Government Salt Works came to be vested in the Federal
Government under the Government of India Act, 1935.
7. That on 15.8.1947 India attained Independence.
8. That on 26.2.1950 it was decided under the
agreement executed between Chief of State, Govt. of
Rajasthan and Honble President, Govt. of India on
26.02.1950 that payment of royalty shall be made to
the Rajasthan Government at the rate of 40 percent
on the salt manufactured more then 17.25 lakh tone
and 5.50 lakh as lease rent every year for the up
coming 10 years. Thus the Government of India
entered into agreements which the Government of
Rajasthan for a long term of lease of the Salt Sources
in Rajasthan for the production of Salt and its bye
Products. The agreement for lease entered into
between the Government of India and the
Government of the State of Rajasthan was to expire
on 26.1.1960.
9. That on 26.1.1951 the Constitution of India came into
force. Article 294 of the Constitution provides the
manner of succession of the properties. The said
article provides as under:-
294. As from the commencement of this
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
59/117
Constitution
(a) all property and assets which immediately
before such commencement were vested in His
Majesty for the purposes of the Government of
the Dominion of India and all property and
assets which immediately before such
commencement were vested in His Majesty for
the purposes of the Government of each
Governors Province shall vest respectively in
the Union and the corresponding State, and
(b) all rights, liabilities and obligations of the
Government of the Dominion of India and of the
Government of each Governors Province,
whether arising out of any contract or
otherwise, shall be the rights, liabilities and
obligations respectively of the Government of
India and the Government of each
corresponding State,
subject to any adjustment made or to be made
by reason of the creation before the
commencement of this Constitution of the
Dominion of Pakistan or of the Provinces of
West Bengal, East Bengal, West Punjab and
East Punjab.
Thus in terms of Article 294(a) the Government of India
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
60/117
became the owner of the properties which immediately
before the Constitution was vested into His Majesty for the
government of the Dominion of India. It is submitted that
as a consequence of the said article, the Government of
India became the owner of the property of Government
Salt Works at Kharghauda. In addition it is further
submitted that as per entry no 58 in the List I (union list) of
the Seventh Schedule read with Article 246 of the
Constitution, salt was classified as a Central Subject. It is
submitted that in terms of Article 295(1), all properties,
assets, rights, liabilities and obligations of Government of
any erstwhile Indian State, which was used for any purpose
which was covered under the Union List, came to be
vested in the Government of India. Thus even if the
property belonged to an erstwhile Indian state, prior to the
independence, but was being used for a purpose which
was covered under the Union List, the title to the property
became vested in the Union. It is submitted that since Salt
was a subject matter covered by the Union List, all
properties of the Salt works came to be vested in the Union
Government of India.
10. That in the year 1958, M/s Hindustan Salts Ltd.,
a Government of India undertaking was established
by the Government of India with all its share capital
being held by the Government of India to undertake
the activity of manufacture and marketing of Salt and
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
61/117
for the said purpose various regions under the control
of Salt Department of Govt. of India, also including
Sambhar, was transferred to Hindustan Salt Limited
on 13.01.59.
11. That Lease of the salt sources in the state of
Rajasthan was to expire on 26.1.1960 and therefore
in order to arrive at the terms and conditions as well
as the lump sum consideration to the paid for the
duration of the lease, by a letter dated 22.3.1960, the
Hon'ble Chief Minister of the State of Rajasthan and
by a letter dated 30.3.1960, the Ministry of
Industries, Government of India, referred the matter
for Arbitration by Shri V.T. Krishnamachari.
12. That on 29.4.1961, Shri V.T. Krishnamachari
delivered the award, known as the V.T. Krisnamachari
Award in which it was decided as under:-
(1) For 99 Years lease of the Sambhar Lake to
the Government of India, the State of Rajasthan
will be paid the existing Annual Rent of Rs 5.50
Lakhs over the entire period. The Government
of Rajasthan should carry out all measures
needed to ensure free flow of water into the
Sambhar Lake.
(2) A Company should be setup for working
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
62/117
the Sambhar Area and carrying out the
integrated programme of development
envisaged in which the Government of India
(Either by themselves or through Hindustan
Salts Co) and the Government of Rajasthan will
be Shareholders. The Government of India will
allot free shares in favour of the Government of
Rajasthan to the extent of 40% of the paid up
capital of the company from time. This will be in
full consideration to the Rajasthan Government
for royalty. None of the other claims advanced
by the Rajasthan Government are admissible.
The Rajasthan Government will have two
representatives on the board of the Company.
(3) For the period between the expiry of the
present arrangement (January 1960) and
formation of the company referred to in (2)
above, payment will be made to the Rajasthan
Government on the terms in force upto January
1960.
(4) If the period between five year period
1960-61 to 1964-65 it is found that the
aggregate payments made to the Rajasthan
Government falls below 80 Lakhs i.e. Rs 16
lakhs a year on an average, the difference will
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
63/117
be made good by the company to the Rajasthan
Government. This is a temporary arrangement
to avoid dislocation if any caused to the
revenues of that government during the next
plan period.
(5) If any question arises in regard to this
award on which the parties differ, a reference
shall be made to an arbitrator agreed to
between the parties, or in the event of the
parties not agreeing, an arbitrator appointed by
the Chief Justice of India. The Decision of the
arbitrator shall be binding on both the parties.
A copy of the V.T. Krishnamachari Award dated 29.4.1961
is annexed herewith and marked as Annexure P-1.
13. That on 30.9.1964, SSL a subsidiary Company
of M/s Hindistan Salts Limited was constituted in
implementation of the V.T. Krishnamachari Award
and the entire Sambhar lake was transferred to the
said Company on a lease of 99 Years. It is thus
submitted that 90 sq. miles region of the lake has
been leased by he government of Rajasthan to the
SSL for a period of 99 Years.
14. That on 20.3.1970, the State of Rajasthan
framed the Rajasthan Land Revenue (Saline Areas
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
64/117
Allotment) Rules, 1970. Rule 2(f) of the said rules
define Open Area which is available for allotment
and Rule 2(g) defines Reserved Area as under:-
2(f) Open Area means a saline area other
than a reserved area
2(g) Reserved Area means a saline area in
which salt is manufactured by or under
the control of the Government of
Rajasthan and/or by the Central
Government.
It is submitted that under Rule 6(2) of the said rules, the
state government has to issue a notification declaring a
saline area to be an open area or a reserved area and
thereafter the Director is required to demarcate suitable
plots out of the open area. It is submitted that to the best
of information available with the Petitioner the state
government has not demarcated the saline area at
Sambhar and as a consequence the Sambhar Lake which
has been leased to SSL continues to be illegally
encroached/commercially exploited by private salt
manufacturers.
15. That on 2.2.1971 the Convention on Wetlands
of International Importance especially as Waterfowl
Habitat was signed on 2.2.1971 in the Iranian City of
7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia
65/117
Ramsar and hence called the Ramsar Convention at
an intergovernmental level BEING CONVINCED that
wetlands constitute a resource of great economic,
cultural, scientific, and recreational value, the loss of
which would be irreparable and DESIRING to stem the
progressive encroachment on and loss of wetlands
now and in the future. While RECOGNIZING that
waterfowl in their seasonal migrations may transcend
frontiers and so should be regarded as an
international resource and that the conservation of
wetlands and their flora and fauna can be ensured by
combining far-sighted na