SOBH NATH & OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. B.S. Adhikari, learned counsel for the petitioners, Mr. S.S. Chauhan, learned Dy.A.G. for the State of Uttarakhand and Mr. A.K. Pandey, learned counsel for respondent no. 4 and, with their consent, the present writ petition (PIL) is disposed of at the stage of admission.

(2.) The petitioner's grievance in this writ petition is regarding the fishing pond which is being constructed by the fourth respondent on his own land. It is the petitioner's case that earlier, in the year 2017, another pond constructed by the fourth respondent impeded the free flow of rain water into the river, and had resulted in floods being caused and the agricultural crops raised in adjacent lands being damaged thereby; the authorities have failed to take action against the fourth respondent for construction of a new fishing pond; and they have illegally granted permission to the fourth respondent in this regard.

(3.) Shri A.K. Pandey, learned counsel for the fourth respondent, would however contend that the fourth respondent had obtained permission from the Fisheries Department to establish a fishing pond; the land, on which the fishing pond is located, does not impede the free flow of rain water into the river; the writ petition is filed for extraneous considerations, and is not a bona fide public interest litigation; and no interference is called for.