ANIL KUMAR Vs. NAGAR PANCHAYAT, KHUNTI

JUDGEMENT

(1.) This case is taken up through video conferencing.

(2.) The present writ petition has been filed for quashing the notice as contained in memo No. 703 dtd. 8/6/2021 (Annexure-2 to the writ petition) issued by the Executive Officer, Nagar Panchayat, Khunti- respondent No.1, whereby the petitioner has been directed to demolish or fill up 6" high yielding drilled borewell within 15 days or else in exercise of the power under Sec. 209 of Jharkhand Municipal Act, 2011 (in short ..the Municipal Act, 2011..) the same shall be demolished by the authority and the expenses incurred in demolition shall be realized from him. Further prayer has been made for quashing the letter as contained in memo No.766 dtd. 22/6/2021 (Annexure- 4 to the writ petition) issued by respondent No.1, whereby the reply filed by the petitioner on 22/6/2021 has been rejected, directing him to demolish the said borewell till 29/6/2021 failing which the same will be demolished by the respondent no.1 imposing cost of demolition upon the petitioner.

(3.) The factual background of the case as stated in the writ petition is that in the year 2010, the father of the petitioner, namely, Dinesh Chandra Mahto, being a farmer, got a 6" borewell drilled at his private premises situated at Ward No.08, Naya Toli, Karra Road, Khunti for irrigation purposes and for operating the same the petitioner also got electricity connection from the then Jharkhand State Electricity Board on 23/12/2010. Subsequently, he built up single storey building on a portion of his private land and since then he has been residing there and using water for irrigation and/or domestic purposes in a peaceful manner and major portion of the land is still being used for agricultural purposes for which the petitioner uses water from borewell in question. After lapse of more than ten years, respondent No.1 vide notice as contained in memo No.703 dtd. 8/6/2021 (communicated to the petitioner on 10/6/2021) directed the petitioner to fill up or demolish the said borewell within a period of fifteen days alleging violation of Sec. 209 of the Municipal Act, 2011. It was also stated in the said notice that on failure to demolish the said borewell, the same would be demolished by the respondents and cost of demolition would be realized from the petitioner. The petitioner replied the said notice and sent the same through registered post to the office of respondent No.1 claiming that the provisions of the Municipal Act, 2011 was not applicable to the petitioner at the time of drilling of the said borewell, as it was done prior to commencement of the Municipal Act, 2011. It was also replied that Sec. 10 of "Jharkhand State Ground Water Development and Management (Control and Regulation) Act, 2019" (in short ..the Act, 2019..), notified through the Water Resources Department, Government of Jharkhand for the first time in the Year 2019, restricted the diameter of construction of borewell to 4" only and prior to that there was no limitation in diameter of borewell. Thus, the petitioner did not violate any provision of law in drilling the borewell in question. However, the respondent No.1 vide second notice as contained in memo No.766 dtd. 22/6/2021 rejected the reply of the petitioner by misinterpreting the provisions of Sec. 10 of the Act, 2019, observing that as per Ss. 10.1 and 10.3 of the Act, 2019, drilling of borewell for domestic purpose in both rural and urban areas respectively was exempted from taking prior permission of the Jharkhand State Ground Water Authority, but diameter of the borewell should not be more than 4", however, the borewell in question has the diameter of 6" and thus, the petitioner violated the provision of Sec. 10.4 of the Act, 2019. Further, the petitioner was directed to demolish the borewell in question on or before 29/6/2021 or else the respondent authorities would demolish the said borewell and cost of demolition would be realized from the petitioner. Hence the present writ petition.