In this petition learned counsel for the petitioner, under instruction of his client, has submitted that even as on date also the petitioner is drawing water from a well having depth of 140 feet only and he has to employ oil run motor and pump for drawing the water. It is unfortunately on account of dark zone declaration, the electricity is not available for irrigation purpose.
This Court is of the considered view that the concerned Collector, under whose area, with the help of its expert shall file an affidavit in respect of now is there any justification for continuing the declaration of the area being declared to be dark zone.
The concerned Collector himself shall file an affidavit after carrying out appropriate inquiry and investigation that may include reports from expert for verifying the water level in the area. The said affidavit be filed on or before 27.02.2012.
Copy of this order be made available to the learned Assistant Government Pleader for its onward communication for its compliance.
(S.R.BRAHMBHATT, J.) Pankaj Top