Rajasthan
,
Fatehsagar
,
Udaipur
Published :
Oct 2016
|
Updated :
Residents Oppose Tubewells, Vibhuti Park at Fatehsagar Lake in Udaipur
Reported by
Manish Tiwari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2011
Year started
Land area affected
Households affected
People Affected
2011
Year started
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Tourism
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Industry
Reason/Cause of conflict
Tourism
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

Fatehsagar is the largest of four lakes in Udaipur, and holds about 427 mcft of water. The lake has been witness to detrimental activities such as digging of deep borewells near the dam safety zone, and haphazard drilling of trenches. It has resulted in collapse of earth and silting of the dam. Experts warn of an impending disaster in the Fatehsagar dam. Tubewells were dug in the lake bed between 1995 and 2010. These still exist, though they are not in use. More tubewells are situated very close to downstream of the dam. As per norms, downstream of the dam up to a minimum of 500 metres is deemed as dam safety zone, says Anil Mehta, member of nonprofit Jheel Sanrakshan Samiti. He argues that no activity should be permitted there. However, the dam safety division of the state department has not taken cognisance of the violation. The state government in 2014 had constructed a park in the Fatehsagar Lake area despite continuos protests and opposition by local communities and environmentalists there.As the authorities planned further construction and installation of statues in the park, it has become a point of conflict. A group of concerned citizens challenged this in the High Court. In 2017, the state High Court directed the district municipal corporation to have the matter examined and proceed with the construction of the park by considering the objections raised by an expert committee and ensuring that no damage is caused to the dam. With respect to the tube wells near the dam, the court directed the authority established under the Rajasthan Lakes (Protection and Development) Authority Act, 2015 to examine the effect of the tube wells and take necessary steps in the matter. While the construction of statues started in 2019, as of September 2021, the works are stalled.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Non-Forest (Other than Grazing Land)

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):

1.5

Type of investment:

Investment Made

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

February 2014

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Udaipur Municipal Corporation

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
Manish Tiwari
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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Demand for better 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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