RAJA SARTAJ ALI KHAN Vs. STATE OF JK

JUDGEMENT

(1.) Petitioner claims to be resident of village Gopalpora Tehsil Mattan District Anantnag and being the resident of said village and interested in the welfare and wellbeing of his neighborhood, he has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India, for preservation and protection of a Pond in Punjabi Mohallah Gopalpora, falling on the land measuring 03 kanals 08 marlas bearing Survey No. 277, which is stated to have plantation of willows and poplar trees around.

(2.) It is case of the petitioner that aforesaid pond was created long back for storage of the rain water and drain water to be used by the villagers for cattle and domestic birds and for irrigation of kitchen gardens especially when Martand Canal turns dry during the months of October to May.

(3.) It is also case of the petitioner that consequent upon few communications addressed by the villagers, Tehsildar Mattan visited the spot and made a report to the Deputy Commissioner Anantnag on 24/6/2017, whereby he not only admitted the existence of pond in question on the subject land bearing Survey No. 277 of Gopalpora Mattan but also submitted that the said land is recorded as State Land with various trees around it and villagers of Gopalpora are dependent on the said pond.