RINKESH GOYAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition has been registered on the basis of a post-card received in the Registry from one Rinkesh Goyal resident of Gandhi Chowk, Shivpuri. In the aforesaid postcard the writer has informed the Court about descending water level at Shivpuri and encroachments over land of lakes and tanks situated at district Shivpuri. Thereafter, this Court issued various interim orders in regard to the problem and the respondents have generously cooperated with the Court and filed affidavits and also compliance reports.

(2.) It has been mentioned in the compliance report that there are 1069 tanks and lakes at Shivpuri district and only some parts of the land of the tanks and lakes of Shivpuri town there are encroachment and rest of the tanks and lakes are free from encroachment. The details and particulars of the ponds and tanks situated at Shivpuri city have also been mentioned.

(3.) On behalf of Secretary, Department of Revenue, Government of Madhya Pradesh, an affidavit has been filed. It is mentioned in the affidavit that under section 251 of the M. P. Land Revenue Code 1959 tanks vest with the State Government and subsequently vide order dated 26-1-2001 the management of ponds/tanks have been handed over to Gram Sabha and in urban areas management of tanks and ponds have been handed over to local bodies viz. Nagar Panchayats vide orders dated 19-9-1994 and 26-1-2001.