K.M. Josseph, C.J. (Oral)

These writ petitions, 41 in number, raise common questions and, hence, we are deciding the same by the following common judgment.

2. A Public Interest Litigation was filed in this Court as Writ Petition (PIL) No. 16 of 2012. The prayer sought in the said Public Interest Litigation was to take major steps for smooth functioning of the drainage system in rainy seasons after removing the illegal encroachment over the Laxmi Minor Irrigation Canal, which passes through mid (middle) of Kashipur city. In the said Public Interest Litigation, this Court had passed certain orders, which are relevant to be appreciated in order to resolve the disputes projected in these writ petitions. It is pertinent to extract two orders in particular. They are order dated 17.09.2012 and order dated 17.12.2012. We extract the same as under respectively:

“Darona Sagar Canal passes through the town of Kashipur. Irrigation department of the State is responsible for maintaining this canal as the same also belongs to it. In the present Public Interest Litigation, it has been contended that this canal is not being properly maintained and dredged, there has been encroachments on the canal and, as a result, water, accumulated during rainy season, do not get a channel of outflow, which, in turn, inundates the city. The said contention is now supported by the report of the special officers appointed by the Court. We wanted Nagar Palika Parishad to produce a map of this canal so as to ascertain the situation thereof as well as importance of the same in the matter of acting as an outlet of water accumulated in the city during rainy season. That map has been produced. It appears from the map that the canal plays a great role in the matter of allowing water, accumulated in the city during rainy season, to go out therefrom. Various affidavits have been filed by the private respondents, wherefrom, it appears that this canal, which was originally 26 feet wide, has been narrowed down to a large extent. This has happened because of unjust apathy on the part of Nagar Palika Parishad as well as Irrigation Department of the State. It is surprising that people have said that they have been permitted by the Municipal Board to cover the canal by placing slabs in order to facilitate ingress and egress to and from their properties. It has been submitted by some of the respondents that RCC lintels have been constructed over the canal.

2. Learned counsel for one of the respondents has submitted that the Irrigation Department itself has reduced the width of the canal by constructing two walls on two sides of the canal.

3. Executive Engineer, Irrigation Department is directed to sit with the officers of Nagar Palika Parishad with the original map of the said canal within two weeks from today. They shall jointly inspect the said canal passing through the city, and ascertain the current position of the canal, encroachments, if any, made thereon, i.e. whether the width of the canal has been reduced or not, and, if so, where and to what extent and, at the same time, ascertain what steps are required to be taken for restoration of the canal to its original position and report back to this Court.

4. List five weeks hence.

5. Personal appearance of the Executive Officer is dispensed with, inasmuch as, he has produced the map of the canal.”

*************

“With the Misc. Applications, two affidavits have been filed. In one, the Secretary, Irrigation Department, Government of Uttarakhand has informed this Court that the canal in question was constructed by the Municipal Corporation in 1901 and, accordingly, the original map of the canal is available with the Municipal Corporation only.

2. Learned counsel for the Municipal Corporation has submitted that the blueprint of the map has already been furnished in Court, but the learned counsel is not sure, whether that is the copy of the original map. According to the other affidavit filed by the Stat