Hon'ble Yogendra Kumar Sangal,J.
Petitioner has approached this Court under Article 226 Constitution of India feeling aggrieved with the reduction of area of Pond by certain elements in alleged connivance with the Lekhpal. The pond is situated over Gata No. 1156-K and Gata No. 1154, Village Mohalla Subhash Nagar, tehsil Utraula, district Balrampur.
Now it has been settled in catena of judgments by the apex Court as well as by this Court including the cases Hinchh Lal Tiwari vs. Kamla Devi 2001 Vol.6 SCC 496 and LCD 2007(25) 565 Rajendra Vs. Additional Commissioner & others that ponds are natural resource preserved for Water harvesting should be maintained and it cannot be used for any other purpose. Representation submitted by the petitioner is pending.
In view of the settled proposition of law, District Magistrate is directed to look into the matter either himself or may be referred to competent authority to adjudicate the controversy so that area of ponds may not be reduced, keeping in view the entry contained in the original revenue records. Liberty is given to the petitioner to represent his cause of action.
Let the representation of the petitioner be disposed of within two months from today and be informed to the petitioner.
Subject to above, the writ petition is finally disposed of.
Order Date :- 15.6.2010 Kaushal