JUDGMENT :

Mukesh R. Shah, J.

1. Present writ petitions in the nature of Public Interest Litigation have been preferred by the petitioners for an appropriate writ, direction and order restraining the respondents from destroying the village pond situated at Village-Ghorasahan under Grampanchayati Raj Ghorasahan South, District-East Champaran and to restrain them from destroying the pucca boundary wall of the pond. It is also further prayed to direct the respondents to restore the pond by filling up water which has been drained out and take steps for its preservation.

1.1. That a supplementary affidavit is filed on behalf of the petitioners in reply to the counter affidavit filed on behalf of the Respondent Nos. 2, 3 and 4 in which it has been stated that the Respondent No. 2, in complete violation of the order dated 16.02.2018 passed by this Court, has continued the construction activities and he used water pumps to dry the pond. It has been submitted that 75 per cent of the area of the pond has been occupied by the newly constructed shops. In support of the above, photographs have been produced and relied upon.

1.2. A counter is filed on behalf of the Respondent Nos. 2, 3 and 4. In the counter affidavit filed on behalf of Respondent No. 2 it has been stated that the construction of the shops is being carried out on the bank of the pond and on the barren land. It is stated that this pond is not being disturbed by the Zila Parishad. According to the Respondent No. 2, the shops are being constructed to enhance the income of the Zila Parishad.

1.3. In the counter affidavit filed on behalf of the Respondent Nos. 3 and 4 filed by the Circle Officer, the allegation of the petitioners has been denied. It is stated that the pond is in the use of people in general and the pond has been fenced by brick boundary wall. It is further stated that as per the decision of the Government of Bihar vide Letter No. 655 (6) dated 16th June, 2016 the Rivers, Jhils, Ponds etc. are to be protected and revived. In the counter it is specifically stated by the Circle Officer that the Zila Parishad is making construction in the pond area and the pillars have been constructed by the Zila Parishad, East Champaran.

1.4. A counter affidavit is filed on behalf of the Bihar State Pollution Control Board-Respondent No. 5 herein. What is stated in the counter filed on behalf of the Pollution Control Board is shocking. On the basis of the inspection of the pond in question carried out by the Board, which was carried out pursuant to the earlier order passed by this Court, it is stated that the construction of the shops are being carried out not only in the periphery of the pond but also extends even in the bed of the pond. It is further stated that the solid waste is being dumped in the pond and sample of water was collected from the pond and the same was sent for laboratory examination and it has been observed that pH of the water is as per the prescribed standards but dissolved oxygen level was well below the prescribed standards. It is specifically stated that the pond has lost its wholesomeness as the pond is full of water hyacinth and not suitable for domestic consumption and not even suitable to support aquatic life.

2. Heard learned counsel for the respective parties at length. The present writ petitions in the form of Public Interest Litigation have been filed for an appropriate order directing the respondents to protect the pond in question situated at Village-Ghorasahan under Grampanchayati Raj Ghorasahan South, District-East Champaran. Considering the counters filed on behalf of the respective parties, more particularly the counter filed on behalf of the Bihar State Pollution Control Board as well as the Circle Officer and even the photographs produced on record, it appears that the pond in question is virtually destroyed. The shops are being constructed not only surrounding the pond but even in the pond itself. It is the case on behalf of the Zila Parishad that