RAMESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) MATTER relates to encroachment upon pond comprised in plot no.58 area 0.9020 hectare (about 1 hectare). The grievance is that inspite of order of this court dated 2.5.2008 as corrected on 15.5.2008, District Magistrate, Allahabad is not removing the encroachment from the pond in dispute. The Supreme Court in Hinch Lal Tewari vs. Kamla Devi and others 2001 (3) A.W.C. 2398(SC) has very strongly observed that ponds must not be permitted to be occupied by any person for agricultural or construction purpose and if any person is in unauthorised possession of a pond he must at once be evicted therefrom even though at the site the pond may have ceased to exist. Ponds are life lines of villages. Ponds shall be let out for fisheries purposes atleast for Rs.10,000/- per hectare per year (vide Babban Ram vs. State 2004 (97) R.D. 675). Accordingly issue notice to the opposite parties. However, opposite party no.1 - District Magistrate need not appear in person. He shall file his own affidavit or affidavit of any of his subordinate officer/official may be filed regarding compliance. D.M., Allahabad shall make extra efforts for getting the pond vacated at once and directing Sub Divisional Officer concerned for settling the fisheries lease in respect thereof after due advertisement in such newspaper which has got wide circulation in the area in question in accordance with Full Bench authority of Ram Kumar vs. State 2005 (99) R.D. 823 as explained in Satyavrat Singh vs. State 2006 (5) A.L.J. 549. Affidavit may be filed within two months from the date of service. List immediately after expiry of the aforesaid period. Learned counsel for the petitioner is directed to supply an additional copy of the contempt petition to Shri K.R.Singh, learned standing counsel. Office is directed to supply copy of this order free of cost to Shri K.R.Singh, learned standing counsel by 18.5.2009. Shri Singh learned standing counsel shall send the copy of the order to D.M., Allahabad and shall convey to him the concern of the court.