Himachal Pradesh High Court
Uttam Chand Dhawan vs . State Of H.P & Ors. on 21 March, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Uttam Chand Dhawan Vs. State of H.P & Ors.
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CWP No. 171/202021.03.2022 Present: Mr. M.C. Verma and Mr. Lalit Kumar Sehgal, Advocates, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Additional Advocate General, for the respondents.
It appears that this writ petition by way of a public interest litigation has been filed by Sh. Uttam Chand Dhawan, praying for a direction to the respondents to preserve and maintain the heritage Pond/Talab known as Raja Ki Sairgah situated at Village Sarol, District Chamba, H.P. by upgrading the existing water body and allocating required appropriate funds for its maintenance and upgradation of the heritage Pond/Talab.
2. The respondents in their reply to the writ petition have averred that as per the revenue record as well as the report of the concerned Parwari, the said water pond surrounded by orchard known as Raja-ki-Sairgah belongs to the State as per the ownership column of jamabandi for the year 2017-18. While on records, the Agriculture Department and Fisheries Department of the State are shown in possession of the same, but the Horticulture Department is in actual physical possession of the same at the spot and Community Hall of Gram Panchayat Sarol is also is in physical possession of the same to some extent. It is further contended that in view of above, the District Tourism Development Officer Chamba ::: Downloaded on - 22/03/2022 20:11:53 :::CIS sought NOCs from the Agriculture and Horticulture Departments for the proposed developmental activities for the .
tourism point of view, but so far no such NOCs have been received.
3. It is mentioned that a sum of Rs.7.50 lacs was sanctioned by the Deputy Commissioner Chamba in the financial year 2016-17 for the renovation of the Pond/Talab at Sarol, which work was to be executed by the District Tourism Development Officer, Chamba through the Engineering Wing of H.P. Tourism Development Corporation. The respondents have, with their reply to the writ petition, also placed on record the minutes of the meeting conducted by the Deputy Commissioner, Chamba on 02.02.2017 attended by all persons, in which District Tourism Development Officer, Chamba was required to prepare and submit development plan and that it was decided to develop the areas surrounding Pond/Talab to the extent of 20 feet and that by digging of bore-well to ensure the continuous supply of the water around the areas and further that the approach road was to be constructed from main road to the Pond/Talab and also parking facilities was to be developed.
4. A perusal of the reply filed by the State indicates that there are many aspects, which need to be clarified, as to who is in actual possession and in whose name the land of the Pond/Talab and the orchard is entered in the revenue records as actual owner, whether development plan was prepared, ::: Downloaded on - 22/03/2022 20:11:53 :::CIS how much budget was requisitioned and further that if the amount of Rs.7.5 lakhs sanctioned during the financial year .
2016-17, was it actually spent or not.
5. All the above queries shall be answered in the form of affidavit of the Deputy Commissioner, Chamba, within a period of three weeks. List thereafter.
r to ( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua )
Judge
21st March, 2022(Rohit/vs)
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