Early Times Report
Jammu, July 25: High court judge Tashi Rabstan today held that all ponds and other water sources, that existed in J&K as on November 10, 2010 and not before that, would be deemed as government property.
The court directive came in a petition, seeking quashment of the August 6, 2014 order passed by the 2nd Additional District Judge, Jammu, whereby the July 3, 2014 status quo order of the Chief Judicial Magistrate, Jammu, with respect to the construction being raised upon a pond, measuring 13 kanals 12 marlas in Khasra No 178(Old) 320 (new), khata No.115/120 and khewat No 1, situated at Thanger, Channi Bye Pass, was vacated.
Justice Rabstan observed that the petitioner's contention was that in terms of Water Resources Act, proprietary and ownership rights of any person on any water source, pond in the state should be deemed to have been terminated with the commencement of the Act and vested with the government and quoted section 3(1) of J&K Water Resources (Regulation and Management) Act, 2010 which came into force on November 10, 2010 vide SRO 415 when it was notified in the government gazette; meaning thereby that section 3(1) of the Act would apply only with effect from November 10, 2010.
Therefore, as per the Act, any water source/pond, that existed in the state as on November 10, 2010 would be deemed to be the property of the government and not before that. "Ownership, or any riparian or usage right, on such water resources vested in 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," the court said. (JNF) |
