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Allahabad High Court · body

2018 DIGILAW 603 (ALL)

RAMLAKHAN v. STATE OF U. P.

2018-03-13

B.AMIT STHALEKAR

body2018
JUDGMENT : B. AMIT STHALEKAR, J. 1. Sri R.K. Shukla, learned Standing Counsel has passed on the instructions today in which it is stated that a sum of Rs.9,98,500/- has been earmarked for restoring the Gata No. 362, 363 and 364 to its original form as pond and the work has started and will be completed within four months. 2. In order to ensure that the work is going on sincerely and as per the project, list this case on 13.4.2018 by which date the respondents shall file an affidavit with photographic evidence to show how far the work has progressed and this case shall thereafter be listed after every one month till the pond in question is restored to its original form and the respondents shall file an affidavit every time with photographic evidence to show the extent of progress of the work indicating the depth of the pond as well as the width of its border and how it will be connected with a source of water. 3. However, this Court finds that several cases of such nature where the pond or Tank or Pokhari or Garhi or Tall (hereinafter collectively referred to as Pond) is being encroached upon, are being filed in the Court for removal of the illegal encroachment. In every case the Court has to pass orders for removal of encroachment from the public pond. The Court feels that in the recent past it has become a practice to encroach the public ponds, which are meant exclusively for the use of village folk in that village or Tehsil. 4. Therefore, a direction is issued to the State Government to take up the matter seriously and ensure the protection from encroachment and restoration of the public ponds and for this purpose constitute a District Level Committee comprising District Magistrate, concerned S.D.M. and concerned Tehsildars, who will look after the status of the ponds in the districts and in case the Committee finds that there is encroachment over the public ponds, it shall take immediate effective steps in accordance with law to remove the illegal encroachment. Further the Committee shall ensure the maintenance of the public ponds in the following manner: 1. Each Tehsildar in the District shall determine from the revenue records the number of water bodies within his jurisdiction in the form of Talab, Garahi, Pokhari, Taal, Tank. Further the Committee shall ensure the maintenance of the public ponds in the following manner: 1. Each Tehsildar in the District shall determine from the revenue records the number of water bodies within his jurisdiction in the form of Talab, Garahi, Pokhari, Taal, Tank. (a) He shall thereafter submit a status report as to how many of such ponds are existing as ponds and how many have been encroached upon or how many have been covered with silt. (b) Those plots over which there is encroachment the same shall be removed by the Committee by instituting proceedings under Section 67 of the U.P. Revenue Code, 2006 within a period of two months. (c) Those ponds which are covered with silt, shall be desilted and restored as pond as it was existing over the area as shown in the revenue records and every 3rd year these ponds shall be desilted in order to maintain a constant depth of atlest 10 feet. 2. The depth of the pond should not be less than 10 feet so that it can hold adequate rain water. 3. The surrounding edge of the Talab, Garahi, Pokhari, Taal, Tank (Pond) should have a width of not less than 5 feet and shall be laid with bricks and trees like Neem, Peepal and Banyan (Bargad) should be planted on the edges. This will prevent soil erosion as well as provide shade to the public during summer and will serve to maintain a pure and clean environment. 4. It is common knowledge that water in such Talab, Garahi, Pokhari, Taal, Tank (Pond) etc. is used by villagers for individual and community purposes and therefore, the Tehsildar shall ensure that the water level of such water bodies is always and as far as possible maintained even during the lean summer months. 5. In order to ensure that the water level in such water bodies is maintained constantly it is necessary that such water bodies should be connected with canal or other water channels as far as possible to ensure replenishment of water at all times. 6. The Tehsildar shall ensure that in large ponds fisheries lease is granted from time to time as per law to generate public revenue and also to provide employment to the villagers. 7. 6. The Tehsildar shall ensure that in large ponds fisheries lease is granted from time to time as per law to generate public revenue and also to provide employment to the villagers. 7. Wherever and whenever there is low water level in such water bodies, it will be the duty of the Tehsildar to report the matter immediately to the District Magistrate, who in turn will either take remedial steps to restore the water to its original level under his guidance or he shall refer the matter to the Water Conservation Department in the State Government which shall in turn take remedial measures. 5. Let a copy of this order be given to the Chief Standing Counsel who shall ensure that it is communicated to all the District Magistrates in the State of Uttar Pradesh forthwith for implementation of the directions given above in the light of the judgment of the Supreme Court reported in, Hinch Lal Tiwari Vs. Kamla Devi and Others, (2001) 6 SCC 496 .