Document Fragment View

Matching Fragments

3. Necessary steps shall be taken by the Municipal Authority to stop/divert outlet of storm water drain into the water body.
4. There shall be provision for removal of excess water during rainy season from the Agula Bandha.
5. Awareness shall be created among the local people of the surrounding areas to prevent disposal of garbage into the water body."
11
13. The Collector & District Magistrate, Ganjam District, has also filed an affidavit dated 30.04.2022, stating therein that the common pond Agula Bandha does not exist over all the plots as alleged by the Applicant in his Original Application and, in fact, the common pond is now confined only to an area of 6.860 acres in Plot No. 1509, Khata No. 1375 and this water body has been preserved intact. The details of the other plots on Khata No. 1375 are mentioned in para 4 of the affidavit which reads as under:-
"4. Save what are matters of record, the averments made in paragraph 4 of the Original Application are disputed and denied. The averment of the Applicant that Agula Bandha is a common water body is disputed and denied.

The common pond does not exist over all the plots as mentioned in this paragraph. The common pond is now confined to Plot Nos. 1509 over an area Ac. 6.860 dec. in Khata No. 1375. The water body has been kept intact. The area of the other plots in the Khata are (i) Plot No. 438 area 0.080, (ii), Plot Nos. 1504/1788 Area 0.005, (iii) Plot No. 1507/1791 Area 0.008, (iv) Plot No. 1506/1790 Area 0.006, (v) Plot No. 1505/1789 Area 0.005, (vi) Plot No. 1502/1786 Area 0.006, (vii) Plot No. DI-438 0.438 recorded as Jalasaya, (viii) Plot No. D1 437 area 0.148, (ix) Plot No. 1510 Area 0.719 recorded as Agula Bandha Adi. The aforesaid details of the Plots described with the corresponding area are evident from a bare perusal of the Record of Right. The deponent undertake to file translate copies of RoR at the time of hearing, if necessary.

41. According to the State Respondents an area of 6.860 acres is still maintained as common pond/common water body in Plot No. 1509, Khata No. 1375. According to the State Respondents, the area of the Jalasaya which has lost its characteristics as such is measuring about 11.500 acres of which 3.600 acres was de- reserved in Khata No. 1375, Plot No. 1509 vide Collector's order dated 27.031993 and vide another order dated 19.08.1999, area admeasuring 1 acre out of the 7.900 acres of Khata no. 1375, Plot No. 1509 has been de-reserved in exercise of powers conferred in Section 3A of the Orissa Government Land Settlement (Amendment and Validation) Act, 1975. This means that out of a total area of about 18.480 acres of Jalasaya, 11.500 acres of area has lost its characteristic as such and 6.860 acres is still maintained as a common pond/common water body at Agula Bandha. This area of 11.500 acres of land which has been allowed by the State Government to degrade and lose its character as 'Jalasaya' needs to be restored by the Government. Since Government buildings have been constructed on this area of land, we direct the State Respondents to demarcate land of an equivalent size of 11.500 acres including 0.012 acres of the land which will become available after demolition of Maa Mangala Temple, as far as possible close to the Agula Bandha water body and if not possible, in some other area nearby and re-create a water body of the same size and depth as Agula Bandha.