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HC directives to respondents Water Resources Act 2010 challanged 4/19/2016 11:29:01 PM Early Times Report Jammu, Apr 19: Justice Mohammad Yaqoob Mir of J&K High Court, Jammu issued Notice to the State of Jammu & Kashmir and others in a Petition filed by Petitioners Ram Kumar Gupta and others wherein they challenged Clause 3 of Water Resources (Regulation & Management) Act, 2010, by virtue of which it is mentioned that 'every water resource in the State is and shall remain property of the Government'. The Petitioners in the alternatively prayed that this Clause be not applied to the land of the Petitioners with further prayer that the official Respondents be directed to issue 'FARD' numbers in respect of the said land to the Petitioners under rules. Senior Advocate S.S.Lehar and Adv.Aditya Sharma argued before the Court that Petitioners are the owners of the land and mutations of the said land have been attested in their favour. They further further pleaded that Respondent/State on 25.10.2010 promulgated an Act, namely, Water Resources (Regulation & Management) Act, 2010 and according to Clause-3 of the said Act 'every water resource in the State is and shall remain the property of the Government, and any proprietary ownership or any riparian or usage right or any individual group of individuals or any other Body, Corporation, Company, Society or community shall, from the date of commencement of the Act, be deemed to have been terminated and vested with the Government'. It was further argued that the land of the Petitioners is recorded as 'Khad' and the Petitioners are the owners of the land, and it is their fundamental right to use their property according to their choice. There cannot be any law against the fundamental rights. While arguing the case, Sr. Advocate SS Lehar along with Advocate Aditya Sharma pleaded that any law against the fundamental rights is null and void in the eyes of law. As the Petitioners have been deprived of their land by the Act of the Legislature, which is against the law, so the same requires to be quashed. Justice Mohammad Yaqoob Mir issued Notice and directed the Respondents as to why the extract of Girdawri and Jamabandi for the land, which is subject matter of the writ petition, is not being supplied to the Petitioners. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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