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Rajasthan High Court - Jodhpur
Smt. Sanju Chhipa vs State Of Rajasthan ... on 16 March, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:12201-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 1429/2026
1. Smt. Sanju Chhipa W/o Late Bhagwati Prasad Chhipa,
Aged About 55 Years, Resident Of 30, Adarsh Nagar,
Colony Hurda Marg, Hurda Seja, District Bhilwara
(Rajasthan).
2. Balakram S/o Ramprasad, Aged About 66 Years, Resident
Of 1246, Near Tehsil, Nail Abadi, Hurda. At Present
Resident Of Adarsh Nagar Colony, Hurda, District Bhilwara
(Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Public Health Engineering (Phed), Jal
Bhawan 2 Civil Line, Jaipur.
2. The Superintendent Engineer, Department Of Public
Health Engineering (Phed), Bhilwara.
3. Assistant Engineer, Department Of Public Health
Engineering (Phed), Gulabpura, District Bhilwara.
4. District Collector, Bhilwara.
5. The Gram Panchayat, Hurda, Panchayat Samiti Hurda,
District Bhilwara, Through Administrator.
----Respondents
For Petitioner(s) : Mr. Vishan Das
For Respondent(s) : Mr. S.S. Rathore, AAG with
Ms. Mehali Mehta
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
16/03/2026
1. The present public interest litigation has been filed with the
following prayers:-
"1. That NOC granted (Annex.4) by the respondent
no.5 may kindly be quashed and set aside.
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2. That the respondent authorities may kindly be
directed to not act upon based on NOC granted by the
respondent No.5 until proper survey is conducted.
3. That the respondent authorities be restrained from
raising construction of water tank over the land in
question.
4. That action of the respondent authorities changing
location of the proposed / sanctioned water tank from
khasra no.32 to land in question (Khasra no.63) without
any justified reason may also be declared to be illegal and
arbitrary.
5. Direct the respondents to consider construction of
the water tank, if required, only at the originally
sanctioned and feasible site at khasra No.32 after due
technical evaluation."
2. Learned counsel for the petitioners vehemently submitted
before this Court that the land of the Adarsh Nagar Colony is being
utilized for construction of the water tank for supplying water to
the other areas, which are not in the near vicinity of Adarsh Nagar
Colony. He further submits that though the land of the Adarsh
Nagar Colony, which is earmarked for public purpose, is being
used for construction of water tank, but the supply of water from
the said water tank will not be provided to the residents of Adarsh
Nagar Colony. He further submits that for supplying water to the
villages nearby and the colonies other than Adarsh Nagar Colony,
the water tank is being constructed in the colony of the petitioners
and, therefore, by way of filing the public interest litigation, the
petitioners have objected to the construction of water tank in the
Adarsh Nagar Colony.
3. Per contra, learned Additional Advocate General has filed a
detailed reply and has submitted before this Court that the above
contention of the learned counsel for the petitioners is wrong and
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he submits that the water tank is being constructed in Adarsh
Nagar Colony in the larger public interest to supply water in
Adarsh Nagar Colony as well as other nearby areas. Learned
Additional Advocate General has specifically submitted that in para
Nos. A and B of their reply, he has specifically mentioned that the
supply of water from the tank constructed in the Adarsh Nagar
Colony will be provided to the residents of the Adarsh Nagar
Colony as well as other surrounding areas, which are also falling in
the municipal area of Gulabpura. He further submits that those
areas of Adarsh Nagar Colony, which were not getting water
supply will be provided water from the present water tank. He,
therefore, submits that no useful purpose will be served, if the
construction of tank in Adarsh Nagar Colony is objected by the
residents of that area. He further submits that the construction of
water tank is in larger public interest, therefore, the respondents
may be allowed to complete construction of water tank in Adarsh
Nagar Colony before the advent of summer season.
4. We have considered the submissions made before this Court.
5. We are of the view that the present public interest litigation
has been filed objecting the construction of the water tank in
Adarsh Nagar Colony only on the ground that the land of Adarsh
Nagar Colony is being utilized for the construction of water tank.
However, supply of water tank will be provided to the nearby
areas. Since a specific statement has already been made by the
learned Additional Advocate General that the supply of water from
the present water tank will be provided to the residents of the
Adarsh Nagar Colony and other areas, which are falling in the
municipal area of Gulabpura, we are of the view that the
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construction of water tank is in the larger public interest and will
also give benefit of water supply to the residents of Adarsh Nagar
Colony, who are not presently getting water supply from other
sources.
6. The present public interest litigation is, therefore, disposed of
with a direction to the respondents to construct water tank at the
earliest and it is also mandated that the supply of water from such
water tank shall be made available to the residents of Adarsh
Nagar Colony also.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
2-Payal/-
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