RAHIMBHAI KALUBHAI Vs. STATE OF GUJARAT & 25

JUDGEMENT

(1.) THE present writ -petition in the nature of public interest litigation has been preferred by the petitioner, a resident of Dhandhuka, District Ahmedabad, with the following prayers :

(2.) IT has been brought to our notice that in the town of Dhandhuka there is a pond known as "Sarvarsha Talav". Its revenue Survey Number is 203, whereas the City Survey Numbers are 2388 and 2416. It appears from the material on record that the authorities concerned have permitted few individuals to put up construction in the said pond for residential purpose as well as for commercial purpose. Record also reveals that earlier in point of time the petitioner had preferred Special Civil Application No.11596 of 2008 bringing to the notice of the Court about encroachment in the water body. However, the petition was disposed of by the Division Bench of this Court by order dated September 17, 2008, relegating the petitioner to approach the respondent Nos.1 and 2, and make them aware of the encroachment made in the pond. It appears that inspite of various representations, no action was taken by the respondent Nos.1 and 2 to remove encroachment. This compelled the petitioner to once again prefer Special Civil Application No.646 of 2009. The Division Bench of this Court vide order dated August 03, 2009, directed the Collector to take appropriate decision within two months. It appears that the Collector failed to take necessary action and, therefore, the third petition in the form of present one has been preferred bringing relevant facts to the notice of this Court.

(3.) IT is the case of the petitioner in public interest that water is one of the most essential elements of life. Water is required for human consumption, for animals and for the agricultural works and operations. The illegal and unauthorised construction put up within the water body has reduced area of the pond and thereby the purpose for which the pond was created, is being frustrated. The learned Counsel for the petitioner vehemently submitted that the Supreme Court in Hinch Lal Tiwari v. Kamla Devi, 2001 AIR(SC) 3215 held that the land recorded as a pond must not be allowed to be allotted to anybody for construction of a house or for any allied purpose. The Supreme Court in the said case ordered the respondents to vacate the land they had illegally occupied after taking away material of the house. The learned counsel for the petitioner also brought to our notice the judgment of the Supreme Court in Jagpal Singh and others v. State of Punjab and others, 2011 AIR(SC) 1123 and relied on the following paragraphs of the said decision which are reproduced as under: