RAJENDRA PATIDAR Vs. COLLECTOR, DHAR

JUDGEMENT

(1.) BY this petition. pro bono publico, the petitioner has assailed the legality and propriety of the order Annexurc P-10 passed by the Sub- Divisional Officer. Kukshi (District Dhar) by which the Sub-Divisional Officer has communicated to the Sarpanch of Gram Panchayat Susan that Sarpanch has no right or authority to draw water from the private pond of Mahesh s/o Korji and Praveen s/o Subhas Kulmi respondents. 3 and 4. or to acquire the same.

(2.) LEARNED counsel contends that by letter dated 15.10.2005. the Sarpanch requested the Collector to acquire the pond in the private property of respondent No. 3 and 4 for making available water for the cattle heads of the village in view of the acute scarcity. It appears that the request was marked to the Sub-Divisional Officer who after making an enquiry through the Additional Tehsildar, sent the impugned letter Annexurc P-10. Learned counsel has referred to the provisions of the M.P. Peya Jal Parirakshan Adhiniyam. 1986 which permit the Collector to make declaration under section 3 thereof with regard to the water scarcity area and imposes a consequent embargo under section 4 from taking any water from the water source in such water scarcity area after such declaration. It also provides for requisition of water source temporarily after the area has been declared as a water scarcity area.

(3.) THE petition is accordingly dismissed. The amount of security deposit outstanding, be refunded to the petitioner.