Villagers Of Wajoora Aishmuqam vs Union Territory Of Jk & Ors
2021 Latest Caselaw 674 j&K/2

                                                                           Sr. No. 101
                                                                           Suppl. List.
                       IN THE HIGH COURT OF JAMMU AND KASHMIR
                                     AT SRINAGAR

                                          (Through Virtual Mode)

                                              LPA No. 36/2021

              Villagers of Wajoora Aishmuqam                                   ...Petitioner(s)

              Through: Mr. G. Q. Bhat, Adv.

                                                     Vs.
              Union Territory of JK & Ors.                                   ...Respondent(s)

              Through: Mr. Irfan Andleeb, Dy. AG
                       Mr. Jahangir Iqbal Ganai, Sr. Adv. with Ms Humera Shafi, Adv.

              Coram:         HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR JUSTICE SANJAY DHAR

                                                 ORDER

30.06.2021

1. Heard learned counsel for the parties.

2. The appeal is directed against the judgment and order dated 18th February 2021 passed by the writ court whereby the writ petition has been dismissed with the finding that the grievances as raised by the petitioner have been redressed and as such nothing survives to be adjudicated upon in the writ petition.

3. The petitioner an association of the Villagers of Wajoora Aishmuqam, District Anantnag filed the petition in representative capacity seeking the following reliefs:-

(i) Writ of Prohibition, restraining respondents from diversion of water from Nallah/Spring Yashnard to village Logripora;

(ii) Writ of Mandamus, declaring action of respondents in diverting portion of water from Yashnard Nallah/Yashnard Spring to village Logripora as illegal and unconstitutional;

(iii) Writ of Mandamus, directing respondents to explore other alternative source of water supply for Logripora in terms of inspection note of District Development Commissioner, Anantnag.

MOHAMMAD ALTAF NIMA 2021.07.01 11:00 I attest to the accuracy and LPA integrity of this No. 36/2021

4. Learned Single Judge on the basis of the report of the Tehsildar and the Action Taken Report filed on behalf of the respondents has recorded a clear finding that the apprehension of the petitioner as to the diversion of the water channel is misconceived and there is no scarcity of the drinking water or the irrigation facility in the village Wajoora to which the petitioner belongs.

5. A bare perusal of the reliefs claimed by the petitioner would indicate that all of them relates to policy decision inasmuch as it is for the administration to take decision regarding the course of flow of water channel, its tapping, diversion etc. keeping in mind the need of all the areas or the villages in vicinity.

6. In view of the aforesaid facts and circumstances, we do not find that it is a fit case for interfering with the judgment and order of the writ court.

7. The appeal is accordingly dismissed with liberty to the petitioner to press the subsisting grievances before the Deputy Commissioner concerned who has already appointed a Committee to look into the water problem of the area.

                                   (SANJAY DHAR)             (PANKAJ MITHAL)
                                          JUDGE                CHIEF JUSTICE
         SRINAGAR
         30.06.2021
         Altaf




MOHAMMAD ALTAF NIMA
2021.07.01 11:00
I attest to the accuracy and
             LPA
integrity of this    No. 36/2021