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Courtspeak: The Script

  • 29/06/2002

9 OCTOBER 2000 Gujarat High Court issues notice to state government and Ahmedabad's collector and executive engineer of irrigation department. Demands the state's water policy and a comparative status of lakes.

21 NOVEMBER Court shocked that very few of the 204 lakes that existed in the city in 1960 remain lakes now. It directs the collector to place the status of encroachments on lake lands and to ensure that the remaining 137 lakes, as listed by the additional deputy collector, are used as lakes. "We are required to pass this order on account of shortage of water.'

25 JANUARY 2001 Court refers to the alleged unauthorised construction at the Gopalnagar lake in Kalol. Demands detailed affidavits (see box: Of lakes, farms and real estate ).

13 FEBRUARY "It is a matter of great surprise that the authorities of the State are not taking keen interest in maintenance of lakes...' Directs state government and AMC to produce a schedule to remove encroachment and recharge lakes by 26 February.

14 MARCH No reply by the state. "Despite the reports given to the Govt Pleader, affidavit is not filed and therefore, we close the right of the State to file any further affidavit.' AMC granted one week to make its submission.

18 APRIL Court passes a dramatic 66-page interim order. Directs authorities to remove unauthorised constructions and not permit any construction within 500 metres of lakes smaller than 5,000 sq metres and one km if the lakes are bigger. Refers to lakes all over Gujarat: "The State Government shall consider [the] direction in its true spirit... and shall make it applicable to all the lakes, ponds and waterbodies in the State of Gujarat.' Asks AMC to remove encroachers and allocate them land elsewhere. Demands report in six weeks of the action the government and AMC propose to take to remove encroachers and in what time.

15 MARCH 2002 Court says buildings affected by earthquake are not covered in the building restrictions. "The State Government, despite various directions... has not placed any material on record... the Court was required to take up the matters because the State, Urban Development Authorities, Corporation, Local Authorities etc failed in discharging their duties to maintain water-body as water-body and these authorities have forgotten the provisions of the Act and the circulars issued by the State Government itself.'

22 MARCH Court again asks the authorities for a detailed action plan on recharging lakes.

5 APRIL "More than sufficient time has passed and no report is submitted by the Government.' Court worried about over-extraction of groundwater. "Importance of catchment area cannot be forgotten and lost sight of. In the absence of catchment area, it is difficult to get the water collected in the lake/pond. In view of haphazard and unhealthy development, it is not possible to get the water collected in the lakes.' Forms a five-member committee of experts.

19 APRIL Court is peeved that AUDA has granted development permissions in 129 cases, contrary to the court order. AUDA chairperson Surendra Patel asked to tender an unconditional apology and scrap the building permission. Patel is asked for an undertaking that he will be personally liable if any of the 129 parties demand damages.

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