Water – Natural storage of water – Denial of access - Not proper –PIL

Matter concerning deprivation of basic requirement and right of villagers to have access to water shortage by natural source. Violation of right to reach natural water by an act of State. Pendency of civil suit filed by some of members of village . It will not affect right of other member to invoke extra-ordinary jurisdiction by initiating PIL. Land of bed of village pond . Allotment for the construction of hostel building is not proper. Land not available for allotment as it directly affects ecological balance and also affects right of villagers adversely to claim areas to rain water stored in natural reservoir which is part of right to life. There is no case of exceptional urgent necessity made out to invoke enabling power to allot land. [Lakh Singh vs State of Rajastan. AIR 2003 NOC 363 (Raj) = 2003 AIHC 1472. Rajesh Balia & D.N.Joshi (JJ)]