RAVINDRA NATH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner claims himself to be an Advocate in the Civil Court at Azamgarh and has filed the instant Public Interest Litigation praying for a direction to the District Magistrate concerned to restore the status of a pond situate over plot no. 204 at village Shibli, Azamgarh.

(2.) The contention is that keeping in view the law laid down in the case of Hinch Lal Tiwari v. Kamala Devi and others reported in 2001 (6) SCC 496, the respondents are under an obligation to execute the directions contained therein and to prevent any encroachment or unauthorised occupation over ponds and lakes.

(3.) The petitioner contends that while he was on a morning walk on 17.8.2009 near the disputed site, he found that some construction work is going on, which according to him fell within the area of the pond and, therefore, he moved a complaint on 17.8.2009, which is annexure 3 to this writ petition. The said application alleges that the pond is entered in the revenue records as such for the past almost one century, and in support of such contention the petitioner has filed the relevant Khatauni of 1391 Fasli, which corresponds to the year 1984. A perusal of the said revenue record extract indicates that there is a small area of part of plot no. 204 entered as 204/1M, which is indicated under the heading of area submerged under water. Column 3 of the same does not indicate the period as to when the said pond came into existence.