The central legal point established is the obligation to clear water bodies and public utility lands from encroachments and illegal occupations, adhering strictly to the directions of the Hon'ble Apex Court in Jagpal Singh's case.

Bansi Lal Bhat, J.

1. Petitioners seek direction to the respondents for conservation, preservation and protection of water bodies known as Gagwal Talab situated at Village Bagla, near Upper Patti and Seasonal Nala known as Tarhera Khud/Nala recorded as Mufidam Talab in Revenue records. Placing reliance upon a judgment of the Hon'ble Apex Court rendered in Jagpal Singh and Ors. v. State of Punjab and Ors., AIR 2011 SC 1123, it is urged that these water bodies are being encroached upon by the land grabbers, but the concerned authorities are turning a nelson's eye to these encroachments in contravention of the direction issued by the Hon'ble Apex Court. It is averred in the petition that the Tarhera Khad/Nala which passes through villages Suchani, Raya, Upper Patti, Lower Patti up to National Highway on western side and through villages Phallan, Badori, Khidian, Tarore up to Adarsh College of Education, is catering rain water of the whole area. This Nala overflows during the rainy season. Since Central University is coming up in the area, the land grabbers have started encroachment upon the Nala from both the sides. It is further averred that despite representations made to Deputy Commissioner, Samba no effective steps have been taken to prevent encroachment of the Nala Bed. It is further averred in the petition that 59.10 Kanals of land under Khasra No. 382 and 1644 recorded as Rafae aam Gair Mumkin Talab and 13 Kanals 11 Marlas under Khasra No. 1607 and 04 Kanals 01 Maria under Khasra No. 1640, recorded as Graveyard (Kabristan) and under common user of the villagers has been subjected to extraction of minor minerals by the land grabbers who have dug up a 15-20 ft. deep Nala through this land with further collection of materials on site for raising construction. It is thus, alleged that the natural resources meant for common use of the villagers and public utility are being plundered by the land grabbers. It is further averred that these Nalas, water bodies and common lands existing for more than 500 years are utilized for common benefit of the villagers and any encroachment thereon not only imperils the legitimate interests of the villagers but also results in destruction of natural resources. In the affidavit filed by Deputy Commissioner, Samba it is stated that land measuring 20 Kanals 5 Marlas under survey No. 1644 is recorded as Shamlat Hasab Rasad Khewat Gair Mumkin Talab in Girdawari entry for the year 2013 of village Bagla, Tehsil Vijaypur. The deponent Shri R.K. Verma, Dy. Commissioner, Samba has further stated that land measuring 148 Kanals 11 Marlas under survey No. 334 is recorded as Shamlat Hasab Rasad Khewat Gair Mumkin Khad and land measuring 72 Kanals under Survey No. 1651 is recorded as Gair Mumkin Khad in Revenue records. It is further stated in the affidavit that no encroachment has been noticed so far as land falling under Survey No. 1644 is concerned. However, a dispute is stated to be existing with regard to land under Survey No. 335, 1651 and 334, in respect whereof Executive Magistrate 1st Class has invoked powers under Section 145 Cr.P.C., attached the subject of dispute and placed the same on supardari of village Lambardar.

2. Counter affidavit has been filed on behalf of the petitioners disputing the factual position obtaining on spot as detailed in the affidavit sworn by R.K. Verma, Dy. Commissioner, Samba.

3. In view of the same, Deputy Commissioner, Samba was directed to file a better affidavit after taking note of the allegations in the counter affidavit filed on behalf of the petitioner.

4. In his counter affidavit filed by Mubarak Singh, Dy. Commissioner, Samba, it is stated that out of total land measuring 22 Kanals 5 Marlas falling in the Talab, entry of 2 Kanals was recorded in the name of Onkar Singh, however, illegal entry of 2 kanals has now been deleted and the community Pond (Talab) has been restored to its original position. It is further stated that no construction in the land of