ABDUL SALAM, SON OF LATE MUNSHI NAZIR Vs. STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, GOVT OF BIHAR, PATNA

JUDGEMENT

(1.) Present writ petitions in the nature of Public Interest Litigation have been preferred by the petitioners for an appropriate writ, direction and order restraining the respondents from destroying the village pond situated at VillageGhorasahan under Grampanchayati Raj Ghorasahan South, District- East Champaran and to restrain them from destroying the pucca boundary wall of the pond. It is also further prayed to direct the respondents to restore the pond by filling up water which has been drained out and take steps for its preservation.

(2.) Heard learned counsel for the respective parties at length. The present writ petitions in the form of Public Interest Litigation have been filed for an appropriate order directing the respondents to protect the pond in question situated at VillageGhorasahan under Grampanchayati Raj Ghorasahan South, District- East Champaran. Considering the counters filed on behalf of the respective parties, more particularly the counter filed on behalf of the Bihar State Pollution Control Board as well as the Circle Officer and even the photographs produced on record, it appears that the pond in question is virtually destroyed. The shops are being constructed not only surrounding the pond but even in the pond itself. It is the case on behalf of the Zila Parishad that the Zila Parishad is constructing the shops for generating revenue. However, for the aforesaid the pond and/or reservoir cannot be permitted to be destroyed. Even the State Government has also come out with the policy in the form of Letter No. 655(6) dated 16.06.2016. Even there is decision of this Court in C.W.J.C. No. 9692 of 2015 by which the Government has been directed to get the encroachment from the water sources removed. It appears that even after this Court passed a restraint order on 16.02018, the construction of the shops in the pond in question has been reported to be continued in defiance of the interim order passed by this Court.

(3.) Applying the law laid down by the Hon'ble Supreme Court and the decision of the Gujarat High Court in the case of Shailesh R. Shah , to the facts of the case on hand and considering the material on record and as observed above, virtually the pond in question has been destroyed. The same is evident from the photographs placed on record and even the counter filed by the Bihar State Pollution Control Board.