SATWANT KUMAR MAHILANG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Ravishankar Sagar Dam also known as Gangrel Dam is situated at Dhamtari, Distt. Dhamtari. The petitioner applied on 1-2-2012 for opening of water sports facilities in Gangrel Dam along with his identity card issued by the National Institute of Water Sports, Ministry of Tourism, Government of India to which the Collector granted permission to conduct water sports facilities near Gangrel Dam in the water boundaries on 22-11-2012. Thereafter, the petitioner continued to operate water sports facilities in the said Dam, but thereafter, on 18- 3-2016, Department of Tourism, Government of Chhattisgarh has decided to develop adventure water sports activities at various locations in the State of Chhattisgarh and taken a policy decision identifying Gangrel Dam, Hasdeo Bango Dam, Chitrakot, Kodar Dam and Samoda Barrage. The Water Resources Department also granted in principle agreement for water and adventure sports at Gangrel Dam including other Dams. Vide order Annexure P-1 dated 31-5-2018, the Collector, Dhamtari, revoked the order granted in favour of the petitioner to run water sports facilities at the said Dam holding that the Government of Chhattisgarh, Department of Water Resources granted permission to the Department of Tourism, Government of Chhattisgarh for the said activity. Questioning that order, this writ petition has been preferred.

(2.) Mr. Harshwardhan Jaiswal, learned counsel appearing for the petitioner, submits that the order revoking the permission granted to the petitioner to run water sports activities on 21-11-2012, is contrary to law, as even no opportunity of hearing was granted to the petitioner to revoke the order granted in his favour.

(3.) On the other hand, Mr. Anand Dadariya, learned State counsel, would submit that in view of the policy decision taken by the Government on 18-3-2016 to develop adventure water sports activities in five Dams including Gangrel, Hasdeo Bango, Chitrakot, Kodar and Samoda, to which the Water Resources Department also granted in principle agreement on 17-6-2016, such order has been passed. Even otherwise, the earlier order passed in favour of the petitioner was without advertising and without calling any tender, therefore, in order to give effect to the policy decision of the State Government, such a decision has been taken and now, guidelines have also been framed for water sports at Gangrel Dam vide letter dated 11-5-2018 (Annexure R/11).