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SURESHWAR THAKUR, KULDEEP TIWARI
Harnek Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
Through the instant writ petition, the petitioner has sought the issuance of a mandamus upon the official respondent(s) concerned, to consider the grievance of the petitioner, as carried in the representation dated 13.08.2021 (Annexure P-5), and, also to conduct an inquiry in terms of the directions, as carried in Annexure P-6, issued by the respondent No.2, on the premise that the Sarpanch of the Gram Panchayat concerned (respondent No.9), has constructed a community hall over the disputed pond (Chappar) in Village Badial by filling it with sand, which exists for the last more than 50 years and was used for common purposes by the inhabitants of the village concerned.
2. By placing reliance upon the judgment passed by the Hon'ble Supreme Court, in case titled "Jagpal Singh and others v. State of Punjab and others", 2011(1) ICC 742, the learned counsel for the petitioner has argued that the factual matrix of the present case causes breach of the directions, as laid down by the Hon'ble Supreme Court in the case (supra), therefore, he has sought the indulgence of this Court, to take stern action against the private respondent No.9 and has also sought the
Construction on land designated as pond is prohibited by law, and unchallenged resolutions by local authorities supersede prior approvals.
Community interest prevails over individual concerns in public projects, and unsubstantiated objections do not merit judicial intervention.
The main legal point established in the judgment is the duty of the State to hold and manage communal properties, such as water bodies, for the benefit of the community. The judgment also emphasizes ....
The NGT affirmed that local authorities must enforce environmental laws to protect water bodies from illegal filling and dumping, emphasizing restoration and compliance responsibilities.
The decision emphasizes legal duties to protect public water bodies from illegal filling and encroachment, highlighting compliance with environmental regulations.
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