September 16, 2021

PIL Dravyavati River by Committee for Protection of Public Properties

Earlier, the princely state of Jaipur used to get water from this river by making a canal, later this river turned into a dirty drain. There are more than 160 tubewells around it. Those who are giving water to the city. There have been infections in many tube wells. The State Human Rights Commission took cognizance of the transition to water in the year 2001. Our citizens committee became a party to the case. And decided that the river should be brought in its original form. Expert committee was formed. In 2007, when no action was ruled on the case, then the PIL of the river was presented. Many constructions were broken and currently the river is 48 km long. The influential people bought land at the cost of Kodis from poor accountants in the river and did not allow the original width of the river to be restored. The current width is 210 feet. later Tata projects worked on rejuvenation of dravyavati river projects with jaipur development Authority. Rapid urbanisation in the last 3-4 decades coupled with rampant encroachments in the river area and its catchment areas along with the dumping of sewage, industrial waste water and solid waste converted this once pristine flowing river to a Nallah. In the first-of-its-kind river rejuvenation activity, the Dravyavati River Project will oversee the amortisation of 170 MLD polluted water and have more than 100 fall structures constructed to turn this rain side river to a perennial river. With more than 18,000 trees planted and 65,000 square meters green area developed under this project, the Dravyavati River bank will soon become a lure to the people seeking solitude or refreshment in the city.[8]

Public interest litigation on publication of property list of princely state of rajasthan Article 12 (1) and (II) of the agreement provides that immovable properties of former princely states which were public properties of the princely state on August 15, 1947, will be transferred to the state. In this way, two lists were to be made, if there is a dispute over the property of the transferring property to a new state and the personal property of the other princely states, then the Court will not have the right of trial under Article 363 of the Constitution and the State Ministry of the Government of India (the current home). The decision will be final, the former princely states made a single list and made entire public properties their own. Bhajpa Congress governments kept silence. Public interest litigation is presented in this regard. See detail HIGHCORT site and attached writ petition.D B Civil WRIT (P) 10655/15 Writ Petition was submitted regarding the cradle of the agreement reached with Sardar Vallabhbhai Patel and 563 former princely states of the country and 18 princely states of Rajasthan.[9]

FURTHER CONCLUSION

bench consisting of Justices G. S. Singhvi and Asok Kumar Ganguly pointed out that laws enacted for achieving the goals set out in the Preamble to the Constitution were inadequate; the benefits of welfare measures embodied in the legislation had not reached millions of poor people, and efforts to bridge the gap between rich and poor did not yield the desired results.

Singhvi wrote, in a case concerning sewage workers: “The most unfortunate part of the scenario is that whenever one of the three constituents of the state i.e., the judiciary issues directions for ensuring that the right to equality, life, and liberty no longer remains illusory for those who suffer from the handicap of poverty, illiteracy and ignorance, and directions are given for implementation of the laws enacted by the legislature for the benefit of the have-nots, a theoretical debate is started by raising the bogey of judicial activism or overreach”.[10]

The bench clarified that it was necessary to erase the impression on some that the superior courts, by entertaining PIL petitions for the poor who could not seek protection of their rights, exceeded the unwritten boundaries of their jurisdiction. The judges said it was the duty of the judiciary to protect the rights of every citizen and ensure that all lived with dignity.

Such cases may be filed for public interest when victims lack the capability to commence litigation or their freedom to petition the court has been blocked. The court may proceed sua sponte, or cases can proceed on the petition of an individual or group. Courts may also proceed on the basis of letters written to them or newspaper reports.

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