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Rajasthan High Court
Environmental Law

Balotra Road's Stretch on Luni River Bed to Be Raised on Pillars or Culverts: Rajasthan High Court

Published: · NyayVidhan

A Division Bench of the Rajasthan High Court at Jodhpur disposed of a writ petition filed in the public interest against a Balotra road built partly on the Luni river bed (paras 2-3, 8). The Additional Advocate General stated that the river-bed stretch would be raised on pillars or given culverts to keep the river's natural flow unobstructed (para 5). The Court directed that work, and the rectification of an accident-prone sharp turn, within six months, with a compliance report to the Registry (paras 6, 8-9).

Balotra Road's Stretch on Luni River Bed to Be Raised on Pillars or Culverts: Rajasthan High Court

Judgment Intelligence

Disposed Of
Pradushan Nivaran and Paryavaran Sanrakshan Samiti & Ors. v. State of Rajasthan & Ors.
2026:RJ-JD:52283-DB
D.B. Civil Writ Petition No. 22746/2025
Court
Rajasthan High Court
Date of Decision
26 October 2026
Bench
Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma
Relevant Acts & Sections
Constitution of India — Article 226
Final Outcome

The writ petition was disposed of with directions to elevate the river-bed stretch on pillars or provide suitable culverts and to rectify the road through areas 'K and L' within six months, with a compliance report to the Registry; pending applications were disposed of (paras 8-10).

Source Rajasthan High Court, hcraj.nic.in — order dated 26.10.2026

Key holdings

  1. The road's stretch through the Luni river bed must be elevated on pillars or given suitable culverts for the river's unobstructed flow (para 8).
  2. The respondents must also rectify the road through areas 'K and L', a sharp turn that had become accident-prone (paras 6, 8).
  3. The State authorities have six months, followed by a compliance report before the Registry (para 9).
  4. The direction rests on the State's statement, which the petitioners accepted; removal of the road was not ordered (paras 4-5, 7-8).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

A society, Pradushan Nivaran and Paryavaran Sanrakshan Samiti, and two individuals filed the writ petition in the public interest against the State (Public Works Department), Balotra's District Collector and Nagar Parishad Commissioner, and the Tehsildar, Pachpadra (cause title; para 2). They said the respondents, to ease Balotra's traffic, had built a public road from Chhitariyon Ka Morcha to Megha Highway largely on the Luni river bed, as a Commissioner's report filed in Court reflected, which would hamper the river's free flow (paras 3-4). They sought an expert committee to demarcate the site and nearby khasras, a halt to construction meanwhile and proceedings against those responsible; at the hearing they asked for the river-bed stretch to be removed (paras 2, 4).

Court's Findings

The order records the State's response and the parties' agreement, not findings on the river bed. The Additional Advocate General opposed the petition: the road was built to meet Balotra's traffic congestion, mostly on khatedari land or Municipal Council land, and only some part ran over the Luni's bed (para 5). He then stated that the portion over the river bed would be elevated on pillars or provided with culverts so that the river's natural flow remains unobstructed (para 5). He added that a sharp turn in the area marked 'K and L' on the map had become accident-prone and would be rectified, and asked for time (para 6). The petitioners accepted these statements (para 7). On that basis the Court directed the respondents to elevate the road on pillars or provide suitable culverts where it passes through the river bed, and to rectify the road through areas 'K and L' to prevent accidents (para 8). It made no finding on the road's extent on the river bed, did not order removal, and did not separately decide the expert committee, the halt on construction or action against officials (paras 2, 4, 8).

Legal Principle

On a public-interest petition against a road built partly on the Luni river bed, the High Court accepted the State's offer and directed that the river-bed stretch be elevated on pillars or given suitable culverts to keep the river's natural flow unobstructed, with an accident-prone turn rectified, within six months (paras 5-9).

NyayVidhan's view · Practice note

Why It Matters

For Balotra's road users, this order sets a works timetable rather than ruling on where the road may run. The State opposed removal, saying the road lies mostly on khatedari or Municipal Council land, but offered to lift the river-bed stretch on pillars or culverts so the Luni's natural flow stays unobstructed (para 5). The petitioners agreed, and the Court made it a direction, with a fix for the accident-prone turn at 'K and L' (paras 6-8). The work is due within six months, with a compliance report to the Registry (para 9). Two days later the same Bench likewise fixed four months, on the State's assurances, to remove canal-side encroachments after hearing occupants in Seema Jan Kalyan Samitee.

Editorial comment by the NyayVidhan Editorial Desk. It is not part of the Court's judgment and is not legal advice.

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