Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal...

7/29/2019 Sambhar Lake and Flamingo bird nest needs attention: PIL moved by Naresh Kadyan against illegal borewell mafia

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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


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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


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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.


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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


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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


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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


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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.


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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


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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


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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


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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.


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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


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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


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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


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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


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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.


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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.


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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


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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


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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,


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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


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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


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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


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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


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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.


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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


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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


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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


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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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.


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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


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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


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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.


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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.


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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


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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


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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


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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


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,


5

.

Government of Rajasthan, through the

Chief Secretary, Government Secretariat,


6 Government of Rajasthan, through the


48/117

Principal Secretary, Finance Department,

Government Secretariat, Jaipur 302005,Rajasthan.

7

.


Principal Secretary, Home Department,

Government Secretariat, Jaipur 302005,

Rajasthan.

8

.


Principal Secretary, Industries Department,


Rajasthan.

9

.


Principal Secretary, Public Works

Department,


Rajasthan.

1

0

.


Principal Secretary, Medical Health &

Family Welfare Department,


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.


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:


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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


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


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.


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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


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


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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


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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


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


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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


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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


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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


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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


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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


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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


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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


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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


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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

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