The Rajasthan High Court has held that the Go Palan department to consider constituting a team of experts to find out whether a better system for water supply can be put in place, subject to availability of funds. The High Court said it expected that the report of the committee of experts will be examined by the State and improvement may be brought about to ensure a better water supply system.
The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Kuldeep Mathur disposed of a Public Interest Litigation (PIL) preferred by the petitioner (Gogram Sewa Sangh Rajasthan) who claims to be a public spirited person to espouse the cause in the matter of better management and maintenance of gaushalas in Rajasthan.
The issue raised is with regard to providing appropriate funds to gaushalas, development of necessary infrastructure, supply of water etc. The relief sought in the petition is as follows:-
“(a) That by an appropriate writ direction the State of Rajasthan may kindly be directed to provide the assistance of food, grass and water to all the cattles of the state specially the cattle living with the 3000 goshalas within the State of Rajasthan, the respondents may also kindly be directed to release the immediate reliefs to the cattle and provide the grass/food (dry/green) looking to the disaster situation in the State of Rajasthan.
(b) That by an appropriate writ, direction and direction the State Government further directs to frame a scheme for proper disbursement of the grant of assistance to all the goshalas and agriculturist of the State of Rajasthan.
(c) That by an appropriate writ direction or order the State of Rajasthan may kindly be directed to declare the relief package looking to the situation of Disaster in the State for saving the life of the cattles (cows, calf, buffalos and other milk producer cattle) and the appropriate fund/goods may kindly be provide/arrange for saving the life cattle.
(d) That any other relief, which this Hon’ble Court deems fit, by which the petitioners may get full justice may also be allowed.”
Having taken cognizance of the issue raised in this petition, the Court directed the respondents-State to file their affidavit and apprise the Court regarding the schemes undertaken by the State to provide necessary financial assistance, development of infrastructure and various facilities including water supply system.
In response to the order passed by the Court, the respondents have filed more than one affidavit. From these affidavits, the Court noted that the State has taken measures regarding developing and maintaining necessary eco-system for maintenance of various gaushalas. Various facts and figures have been stated in the affidavits. The gist of these affidavits on relevant aspects of the matter can be summarized as below:
“(1) Rs.625 Crores have been disbursed to the Gaushalas by way of grant in aid.
(2) Taking into consideration recent rising price of fodder, decision has been taken to provide grant to Goshalas from six months(180 days) to nine months(270 days).
(3) Use of animal fodder for making bricks and carboards have been prohibited by the State Government and vide letter dated 02.05.2022, all the District Collectors have been directed to implement the prohibitory directions.
(4) Directions have been issued to all the District Collectors to make purchase of sileage fodder which is more nutritious than regular fodder and is available at the price of Rs.700 per quintal.
(5) Government has decided to establish fodder depot in the districts which are not hit by disaster situation in pursuance thereof, the District Collectors have been directed to allot Rs. 10 lakhs for the said purpose.
(6) In respect to the Tehsils which are located in the districts hit by disaster situation but not affected by drought, similar arrangements have been directed to be maintained.
(7) The Director, Gopalan Department vide letter dated 31.05.2022 wrote to all Joint Directors directing to provide one tanker of water, as directed earlier by this Court. Directions in this regard has also been issued by the Secretary, Gopalan Department on 08.07.2022 to all the District Collectors to ensure water supply as per the directions of this Court.
(8) Till 31.03.2022, a total of Rs.2176 Crore 7 Lakhs have been spent on various schemes for the development of Gaushalas, Nandishalas, Biogas Schemes etc. In total, 2208 Gaushalas applied online for grant of aid out of which administrative sanction to the tune of Rs.341.10 crore has been made to 2176 Gaushalas and financial sanction to the tune of Rs.327.27 crore have been made to 2058 Gaushalas and a total amount of Rs.294.40 crore has been paid to 1888 Gaushalas.”
The Counsel appearing for the petitioner highlighted that the State receives huge funds from Cow Cess and the entire fund needs to be utilized in such a manner that apart from development of infrastructures, a robust water supply system is also developed.
Responding to the said submission, the counsel for the State submitted that a different response is ensured depending upon the situation. He would further submit that in drought situations, measures are taken to ensure that water supply is not disturbed. In a normal situation also, he would submit that the scarcity of water is not as has been projected in this petition. He would refer to the letter dated 08.07.2022 filed alongwith the affidavit to submit that in the month of July, scarcity of water, as such, was not reported.
“Ideally speaking, for all, including the animals, availability of water is a must. As to how this has to be ensured, is essentially in the realm of the administrative function,” the Bench said.
The Court held that Counsel for the petitioner is quite correct in submitting that there should be a proper developed system for uninterrupted water supply in all the gaushalas. This, however, would require the State to frame a proper plan and also to make available necessary funds. This needs to be examined by the concerned authorities of the State as to how a better system for supply of water to various eligible gaushalas can be developed. “We would only say that there is always a scope for improvement in the existing system and water supply cannot be treated as the end of the duties and functions on the part of the authorities.”
It is observed by the High Court that under all circumstances, a drought situation needs to be properly dealt with and the water supply to all eligible gaushalas through one or the other mode, including the tanker, is ensured.