Water sources existed as on November, 2010 would deemed to be Govt property: HC
STATE TIMES NEWS
JAMMU: State High Court held that any water source/ Talab/pond existed in the State as on 10th November, 2010 would be deemed to be the property of the government and not before that.
This significant judgment has been passed by Justice Tashi Rabstan in a petition filed by one Ajay Singh seeking quashment of order dated 6th August, 2014 passed by the 2nd Additional District Judge, Jammu, whereby the status-quo order dated 3rd July, 2014 passed by the Chief Judicial Magistrate, Jammu, with respect to the construction being raised upon a Talab approximately 13 Kanals 12 Marlas comprised in Khasra No.178(Old) 320(new), Khata No.115/120 and khewat No.1, situate at Thanger, Channi Bye Pass, Jammu, has been vacated.
Justice Tashi Rabstan observed that the next contention of petitioner is that in terms of Water Resources Act, any proprietary and ownership rights of any person in any water source, talab/pond in the State shall be deemed to have been terminated with the commencement of the Act and vested with the Government and quote Section 3(1) of Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010 in which it has been submitted that Every water source in the State is, and ammu and Kashmir Water Resources (Regulation and Management) Act, 2010 came to be enacted on 23rd October, 2010 and it came into force on 10th November, 2010 vide SRO 415 when the Government notified the same in the Government Gazette; meaning thereby, Section 3(1) of the Act would apply only with effect from 10th November, 2010. Therefore, as per the Act, any water source/ talab/pond existed in the State as on 10th November, 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.”