CLCON/98/2021
2021 Latest Caselaw 922 UK

  IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
        ON THE 16th DAY OF MARCH, 2021
                          BEFORE:
   HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       CONTEMPT PETITION NO. 98 OF 2021


BETWEEN:
     Sachin Kumar                                    ......Petitioner
     (Mr. Arvind Kumar Sharma, Advocate)

AND:
     Shri C. Ravi Shankar & another .....Respondents


                       JUDGMENT

In this Contempt Petition, petitioner has alleged wilful disobedience of the order dated 13.06.2018 passed by Division Bench of this Court in Writ Petition (PIL) No. 65 of 2011. By the said order, following directions were issued:

"A. The State Government is directed to remove all the encroachments from the village ponds/johars, play grounds and common grazing land within a period of six months from today.

B. The State Government is also directed through Secretary Revenue to ensure that all the illegal entries changing the nature of the ponds/ common grazing land/ johar are reversed and the land is restored to its original nature, and if necessary, by carrying out digging up operations.

C. The State Government is also directed through the respective SDMs to ensure that all the johars/ponds/water bodies are fenced and protected. D. The State Government through office of Chief Secretary is directed to ensure that henceforth, no johar/ponds/water bodies/ common grazing land is encroached by anyone through the State of Uttarakhand.

E. The State Government is also directed to ensure that no sewerage flows into the water bodies and their water quality is maintained throughout the year. The endeavor of the State Government should be to restore the village

ponds/water bodies, as they existed in the year 1951 when the U.P. Z.A. & L.R. Act was made applicable.

G. The Sub Divisional Magistrates of the respective areas are directed to constitute a Committee comprising of six members including the Pradhan of the Panchayat to identify and locate the ponds/water bodies in their respective jurisdiction."

2. It is the contention of the petitioner that despite directions of this Court, there is some encroachment over water-body, which still remains. It is further the contention of the petitioner that the matter was brought to the notice of concerned authorities; but, no decision is being taken.

3. Having regard to the facts and circumstances of the case, this Court thinks that ends of justice would be met, if petitioner is permitted to make fresh representation to the Competent Authority, which shall be decided in accordance with law.

4. Accordingly, Contempt Petition is disposed of with liberty to petitioner to make fresh representation to concerned Sub Divisional Magistrate within two weeks from today. If such representation is made within stipulated time, Sub Divisional Magistrate shall look into the matter in the light of the order dated 13.06.2018 passed by Division Bench of this Court and pass appropriate order, in accordance with law, within a period of four months from the date of receipt of representation along with certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin