PROF AJAY SINGH RAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this writ petition in the form of Public Interest Litigation, the petitioner has sought writ in the nature of mandamus directing the respondents to stop illegal construction of boring and pumping water in the area adjacent to Khurpatal lake, which according to him, is allegedly threatening the water resources of villages Khurpatal, Patikhet, Jogyura and Silmoria. He has further prayed to stop the construction by respondent no. 9 near Khurpatal lake .

(2.) HEARD learned counsel for the parties, and perused affidavits, counter affidavits, rejoinder affidavits and supplementary affidavits on record.

(3.) THERE are affidavits filed by the other respondents which disclose that during pendency of this petition, AWHO has also moved an application on 24.08.2010, before Prescribed Authority under U.P. Act, 46 of 1975, for permission of boring/tapping the water sources. It is admitted to the parties that said application is still pending with said authority. The last and important supplementary counter affidavit is filed by District Magistrate, Nainital, (respondent no. 7) on 28.04.2011. In para 5 of said affidavit following facts are brought on record for consideration of this Court:-