Jharkhand High Court
Rajiv Kumar Singh vs The State Of Jharkhand & Ors on 6 March, 2020
Author: Ravi Ranjan
Bench: Chief Justice, Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 1911 of 2019
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Rajiv Kumar Singh ... ... Petitioner
Versus
The State of Jharkhand & Ors .... Respondents
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CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mr. Rajeev Kumar, Advocate
For the Res-State : Mr. Rajeev Ranjan, A.G.
For the Res-R.M.C. : Mr. L.C.N. Sahdeo, Advocate
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Oral Order
Per Dr. Ravi Ranjan, C.J.
Order No. 05 : Dated 6th March, 2020 By filing this writ petition pro bono publico, the writ petitioner draws our attention towards precarious condition of a water body, which is known as Kanke Dam/Gonda Dam/reservoir. It is being stated that by raising concrete constructions all around the reservoir the catchment area is now covered by concrete and the water body, which is supply-line/life-line for Ranchi town, has already been suffocated. The thing does not end here rather he also draws attention that there has been encroachment also in the water body by raising concrete constructions. It is being stated to the extent that the entire colony has come up over the encroached water body.
In such a situation, we would direct the learned Advocate General to take notice of this and file a detailed affidavit, which should be sworn by the Principal Secretary, Department of Urban Development. The affidavit should be filed after properly surveying and consulting the stake holders. Apart from giving para-wise reply, the affidavit must answer the following queries:
(i).What was the area of the reservoir initially and it has been reduced to what extent?
(ii).How much greenery has vanished and in place thereof that concrete structures have been raised?
(iii).Whether there is still sufficient catchment area to supply the reservoir to keep it live?
(iv).Whether there has been encroachment by making multi-
storied and other constructions over the land of dam/reservoir?
(v).Whether the sewage or rain water channels of the city drains into the reservoir?
As prayed, put up this matter on 08.05.2020. In the meantime, let Ranchi Municipal Corporation examine all the buildings, which are being raised on the edge of the water body to assure as to whether it is being constructed inside by encroaching the land of the reservoir or not?
If it is found that any of them is being raised upon the encroached land that should be immediately stopped till further order.
(Dr. Ravi Ranjan, C.J.) (Sujit Narayan Prasad, J.) Alankar/Saket-