Court Directs Removal of Road and Crematorium from Natural Water Channel in Dausa, Upholding Environmental Protection Mandates
In a significant ruling emphasizing the protection of natural resources, the Rajasthan High Court, Jaipur Bench, has directed the removal of a road and crematorium constructed on land recorded as 'Gair Mumkin Nala' in Khatwa, Tehsil Lalsot, District Dausa. The Division Bench, comprising Dr. Pushpendra Singh Bhati and Vinit Kumar Mathur JJ, delivered the judgment on May 7, 2026, in response to a Public Interest Litigation (PIL) filed by petitioner Ramji Lal Saini.
The court underscored the constitutional obligations under Articles 48-A and 51-A(g) of the Indian Constitution, which mandate the state and citizens to protect and improve the natural environment. The judgment reiterated that land classified as natural drainage or water channel cannot be diverted or used for non-conforming purposes, even for public utility projects. The doctrine of public trust obligates the state to act as a trustee of natural resources, ensuring their preservation for public benefit and future generations.
The PIL contended that the construction activities on the 'Gair Mumkin Nala' land, specifically the gravel road and crematorium, were contrary to law and violated the constitutional mandate relating to environmental protection. The petitioner argued that such actions disrupted the natural water channel and compromised the ecological balance.
In its order, the court directed the state respondents to remove any construction on the concerned land and restore it to its original state within three months. The judgment emphasized that public utility cannot be achieved at the expense of destroying natural resources, which the state is legally and constitutionally bound to preserve.
The court's decision drew upon previous landmark judgments, including Abdul Rehman v. State of Rajasthan and Gulab Kothari v. State of Rajasthan, reinforcing the state's duty to protect natural resources such as rivers, lakes, and water bodies. The judgment is seen as a reinforcement of environmental jurisprudence, particularly in a water-scarce state like Rajasthan, where preserving natural water resources is crucial for sustainable development.
Bottom line:-
Public Interest Litigation (PIL) - Protection of natural resources - Land recorded as 'Gair Mumkin Nala' in revenue records cannot be diverted, obstructed, or altered for any non-conforming purpose, even for public utility purposes like road or crematorium construction - Constitutional obligation under Articles 48-A and 51-A(g) imposes duty on State and citizens to protect the natural environment.
Statutory provision(s): Articles 21, 48A, 51A(g) of the Constitution of India
Ramji Lal Saini v. State of Rajasthan, (Rajasthan)(DB)(Jaipur Bench) : Law Finder Doc id # 2904757
