The Uttarakhand High Court disposed of a Public Interest Litigation filed alleging that certain unscrupulous persons have encroached and diverted the irrigation channel, due to which petitioner is unable to irrigate his agricultural land.
The Petitioner is a resident of Village Bhawanpur Talla, Haldwani, District Nainital.
The relief sought in this writ petition are as under:-
(a) Issue a writ order or direction in the nature of Mandamus directing the respondent authorities to take immediate action for removing the encroachment from the illegal water channel from private respondents and to release water as it was continuing earlier in the channels as notified in the revenue map and further suitable action be taken against the encroacher.
(a)(i) Issue a writ order or direction in the nature of Mandamus commanding and directing the respondent authorities to take immediate action for removal of encroachment from the water canals (gools) which are being notified in the revenue map of the Gaon Sabha.
S.S. Chauhan, Deputy Advocate General who appeared for the State submitted that petitioner may be permitted to make representation to the Competent Authority in the Irrigation Department, who shall look into the matter and take appropriate decision, as per law.
Accordingly , the Division Bench of Justice Manoj Kumar Tiwari and R.C. Khulbe disposed of the PIL with liberty to petitioner to make fresh representation to the Competent Authority in the Irrigation Department within ten days from today.
If a petitioner makes such representation to the Competent Authority within stipulated time, the Competent Authority shall look into the matter and take appropriate decision, as per law, as early as possible, but not later than four months from the date of presentation of representation with certified copy of this order , the Court directed .
“It goes without saying that before taking any decision, the Competent Authority shall hear all the stakeholders, including private respondents”, the order reads.