JUDGMENT : Chander Bhusan Barowalia, J. 1. When the case was taken up today, Shri Rakesh Kumar Prajapati, SDM, Nurpur, present in the Court, has stated that now it is decided that no construction will be raised on the site of the water body in question. He has shown the photographs of the water body, which were taken last week. From the photographs, it is clear that during the monsoon season the so called ‘taalab’ (pond/water body) is filled with water, however, it seems to be in a very dilapidated condition, making the water unfit for use. The water body seems to be a mud body and the same is covered with bushes from all around. 2. The SDM present in the Court as well as the learned counsel for respondent No. 5 have stated before this Court that they have undertaken a project to clean the water bodies and cleanliness drive has been initiated to clean the water bodies. 3. It is a matter of record that there used to be water bodies in the lower hills/areas of Himachal Pradesh, including Nurpur town, but with the passage of time these water bodies have reached to the stage of extinction. These water bodies not only store fresh rain water, but they help in preserving the ground water level and makes the flora to grow. These water bodies simultaneously help the wild as well as other animals, including the amphibians, to survive during the hot summers as well as at the time when there is no water in such hilly terrains/foot hills of Himalayas. 4. To preserve the environment, it is our duty to protect these water bodies, as by protecting these water bodies, we, in fact, protect the flora and fauna and ultimately ecology of the area, as it existed. By protecting these water bodies, we protect fresh water, which is decreasing day by day and with the passage of time has become a scarcity, as the need of fresh water of individuals have increased manifold. 5. In the above enumerated circumstances, this Court, while dealing with this case noticed that the respondents are going to preserve this water body, which is under consideration before this court in the present writ petition. This Court appreciate the steps taken by SDM, Nurpur, on his own by making respondent No. 5 to divert some funds for preserving this water body.
This Court appreciate the steps taken by SDM, Nurpur, on his own by making respondent No. 5 to divert some funds for preserving this water body. However, this Court finds that the State is also required to grant funds to respondent No. 5 appropriately, so the objective to maintain and preserve these water bodies is achieved. Therefore, it is ordered that the State Government will consider and grant funds appropriately to respondent No. 5 in order to preserve the water bodies in Nurpur town and also in the adjoining areas and in Kandi areas (lower Shivalik hills) of the State, where the water bodies, which earlier existed, are at the verge of being dried. 6. At this stage, the learned counsel for the petitioner has stated that the present taalab/pond is required to be restored in a time bound manner. Therefore, it is ordered that respondent No. 5 will restore this pond to its original state and respondents No. 1 to 3 will release a fund of Rs. 20,00,000/- (Rupees twenty lac) to respondent No. 5 within a period of four weeks from today and the pond (gair mumkin taalab) will be restored within four months thereafter making its water useful for human consumption and use as well. 7. The directions, as made hereinabove, will be followed in letter and spirit by the respondents. 8. In view of the above, the petition, as also pending applications, if any, shall stands disposed of.