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Iqbal Ahamad & Others v. D.D.C. & Others - WRIT - B No. 38910 of 2003 [2007] RD-AH 2538 (15 February 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court no. 23

Civil Misc. Writ Petition No. 38910 of 2003

Iqbal Ahmad and others...................................................Petitioners


Deputy Director Consolidation and others....................Respondents.


Affidavit of Sri Anand Prakash Upadhaya Joint Secretary, Revenue Department U.P. Civil Secretariat Lucknow annexing therewith copy of the proceeding dated 12.2.2007 of the High Powered Committee makes it clear that the Government has decided to dig out and maintain fifty two thousand fresh tanks by 31.3.2007. However, no details in respect of these fifty two thousand fresh tanks/ponds/ reservoirs etc. have been enumerated in the said affidavit.

The State is directed to furnish list of such ponds which have already been dug out and are being maintained alongwith complete details  i.e. plot number, village, Tahsil and district etc alongwith the affidavit. It would further appear from the proceeding that the Govt plans to dig out new tanks other than the tanks already in existence. In the present writ petition, the Court is concerned with the Tanks/ponds already in existence and vested in the Gaon Sabha. If any new scheme is proposed to be enforced under some policy of the Government, copy of that scheme may also be brought to the notice of the Court alongwith the affidavit giving details of such tanks, which the State is going to dig out in the new scheme. The details of the amount received from the Central Govt or from other sources and the finances arranged by the State through various departments may also be given in supplementary affidavit going to be filed under the orders of this Court pertaining to financial year 2005-06 and 2006-07. The details of work already completed and which are likely to be completed by 31.3.2007 will also be recited in this affidavit. Though this Court has already referred the matter to the High Powered Committee, whether such digging is taking place through J.B.C. machine or annually, availability of J.B.C. machine and other details may also be brought to the notice of the Court.

It transpires from the proceeding of High Powered Committee that the District Magistrate will be the President of the District Level Committee. The actual work takes place in the village. The details as to who is the officer Incharge or the concerned authority in whose personal supervision, the Tanks/Pokhars and other water bodies will be dug out or maintained have not been disclosed in the affidavit may also be furnished within three weeks.

List this matter on 12.3.2007. The Committee constituted by this Court for verifying the records will meet only after receipt of computerized list detailing information about all the tanks and other water bodies of the State of U.P. prepared by the High Court.

All the four officers manning the Committee constituted by the court are relieved at present attended with the direction that they may resume work only after fresh orders are passed.

Let a copy of this order be supplied to Sri Sanjai Goswami learned Standing counsel for information/necessary action.




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