Rajasthan
,
Ramgarh
,
Jaipur
Published :
Nov 2017
|
Updated :
High Court Monitors Ongoing Evictions of Ramgarh Dam Encroachments
Reported by
Ashish Gaur
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2011
Year started
244
Land area affected
Households affected
People Affected
2011
Year started
244
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The Jamwa Ramgarh Dam has been home to various species of fish and aquatic reptiles as well as a water source for the people of Jaipur since 1931. The reservoir shot to international fame in 1982 when it hosted the rowing events of the Asian Games. However, since 2006, the four riversRoda, Banganga, Tala and Madhoveni, which used to be tributaries to the Ramgarh reservoirhave gone dry, along with the reservoir. After the reservoir completely dried up in 2011, the Rajasthan High Court took suo motu cognisance of the matter. It learnt that the dam's catchment area, spread over 700 sq. km., had as many as 405 anicuts and 800 encroachments, ranging from farmhouses to educational institutes, including the National Institute of Medical Sciences (NIMS) on the DelhiJaipur highway. The court issued an order in 2012 to remove all encroachments around the dam and cancel land allotments that were made since 1955, the year when the Rajasthan Land Tenancy Act came into force. But of the 800 encroachments, only 20 per cent were removed, according to advocate Virendra Dangi, who was a member of the monitoring committee constituted by the High Court. While the court ordered the demolition of encroachments, a few influential institutions have been challenging its decisions. The lake, meanwhile, has remained dry, leaving the people of a growing Jaipur to struggle to meet their water needs. On November 9, 2017, the Supreme Court imposed a fine of Rs 20 lakh on NIMS and ordered the demolition of illegal constructions in the area. The Rajasthan High Court issued another order on January 31, 2019, asking the state to conduct a survey on the utility of check dams in the state. The High Court has suggested the appointment of a special officer to solve this problem. In July 2019, Rajasthan Water Resources Minister B D Kalla said 636 encroachments have been removed, and a report in compliance to the high court order to remove them from the catchment area of the Ramgarh Dam has been submitted. The Court is monitoring compliance of its orders.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Forest, Forest and Non-Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Government of Rajastan, Jaipur Development Authority, Jaipur Municipal Corporation, Forest Department of Rajastan

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Ashish Gaur
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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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