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Dinesh Tiwari v. State Of U.P. & Others - WRIT - C No. 21603 of 2007 [2007] RD-AH 8253 (2 May 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).


Hon. Sunil Ambwani, J.

Shri Anuj Kumar has accepted notice on behalf of respondent No.4.  Learned Standing Counsel appeared for respondent Nos.1, 2, 3 and 5.  Four weeks' time is granted to file counter affidavit.  The petitioner will have two weeks, thereafter, to file rejoinder affidavit.  List on 19th July, 2007.

This is yet another case, which has come to the Court amongst hundreds in which village pond has been allotted for abadi sides. In the present case the plot No.183 area 0.802 hec. and plot No.182/2 area 0.405 hec. recorded as Talab and Bhita in Khatauni of Mauja Sonahula, Pargana Mahuari, Tehsil Sakaldiha, Distt. Chandauli have been allotted by the Land Management Committee  to the Forest Department for the purposes of construction of residential building and office of the Forest Department.  By a subsequent resolution dated 19.9.2004 the Land Management Committee requested to cancel the previous resolution.

Until further orders, the effect and operation of the earlier resolution of the Gaon Sabha and the order of the District Magistrate dated 15.12.1999 are stayed.  The Forest Department shall not make any construction or fresh construction over the land and will allow the same to be used by the villagers as village pond, which maintains the ecosystem of the village.



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