CLCON/407/2019
2021 Latest Caselaw 4853 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 1ST DAY OF DECEMBER, 2021
                           BEFORE:
       HON'BLE SHRI JUSTICE MANOJ K. TIWARI

       Contempt Petition No. 407 of 2019
BETWEEN:

Janeshwar                                    ... Petitioner
       (By Mr. Parikshit Saini, Advocate)

AND:

B.M. Mishra & others                         ... Opposite Parties

       (By Mr. Pradeep Hairiya, learned Standing Counsel)


                         JUDGMENT

1. WPPIL No. 65 of 2011 was disposed of by Division Bench of this Court vide order dated 13.06.2019 with certain directions.

2. In the present contempt petition, it was contended that the direction issued by Division Bench is not being complied with, inasmuch as, in Village Hakimpur Turra, Tehsil Bhagwanpur, District Haridwar, the land recorded as water body is under encroachment by various persons.

3. A compliance affidavit has been filed by Mr. C Ravi Shankar, District Magistrate, Haridwar on 10.06.2021. In para 8 of the said affidavit, it has been stated that unauthorized occupation over water body land has been removed and illegal constructions were demolished. In para 9 of the affidavit, it has been stated that work of fencing, beautification and

maintenance of ponds has to be done by Development Department, and for this purpose, a letter has been written to Chief Development Officer, Haridwar to take appropriate action in the matter.

4. In view of averments made in para 6 of the compliance affidavit dated 19.11.2019 filed by Mr. Santosh Kumar Pandey, Sub-Divisional Magistrate, Bhagwanpur (respondent no. 3), this Court does not find any reason to proceed against any of the opposite parties under Section 340 Cr.P.C. Accordingly, miscellaneous application (IA No. 11903 of 2019) is rejected.

5. Since the unauthorized occupation has been removed from the water body land and illegal constructions standing thereupon have also been removed, therefore, in the opinion of this Court, substantial compliance of the order passed by Division Bench of this Court has been made.

6. In such view of the matter, the contempt petition is closed. Notices issued to the opposite parties are hereby discharged. However, petitioners shall be at liberty to make representation to the Competent Authority for the remaining work of digging, fencing, beautification and restoration of the water body.

(Manoj Kumar Tiwari, J.) Aswal