PURNA PRAKASH JHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) In both these writ petitions the common question of facts & law are involved therefore, they are being heard and decided together by this common order.

(3.) Wpc No.2682/2011 is filed by Dr. Purn Prakash Jha. It is contended that the petitioner is the corporator of Veer Shivaji Ward No.7, Khamtarai, Raipur (C.G.). It is further contended that the State authorities have started a program in the name of upgradation of tank under the scheme "Humare Sarovar Humare Dharohar". It is stated that such scheme was implemented in respect of one pond named as Chathva Talab, Raipur, but instead of improving the condition of pond, the construction was started to reduce area of the pond by filling it. It is further contended that such construction/raising of superstructure by filling up of the pond is completely illegal and contrary to the law laid down by the Supreme Court in the case of Jagpal Singh & ors. Vs. State of Punjab & ors, 2011 11 SCC 396. It is contended on behalf of the petitioner that though the slogan was for the improvement of the pond was highlighted but to the contrary the construction was carried out to destroy the pond. Therefore, the prayer is made that the construction of any superstructure on the bank of Chathva Talab to reduce its area would be illegal as it would amount to destroy the pond.