The Uttarakhand High Court issued notice on a Public Interest Litigation (PIL) raising the grievance that the villagers have encroached upon, and obstructed the irrigation canal, which is leading to obstruction, and the farm lands of the villagers are not receiving water through the irrigation canal.
The petitioner has placed on record the Joint Inspection Report dated 22.07.2022, which has concluded that there is encroachment of irrigation canal by the villagers.
The petitioner also states that, rather than taking resort to the provisions of the Northern India Canal and Drainage Act No. 08 of 1873, which provides for immediate clearance of obstruction in irrigation canals, the respondent-authorities have initiated proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, and even those proceedings are being delayed, and not brought to conclusion.
The Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal directed the served respondents to file their counter affidavits, explaining as to why action has not been taken under the Northern India Canal and Drainage Act No. 08 of 1873.
“The respondent authorities should examine, whether the provisions of the said Act can be invoked, and if it is found that the said Act is attracted, the respondents should initiate steps under the said Act, without waiting for any further orders from our end. The respondents should disclose in their counter affidavit, as to why the proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 have not been concluded till date”, the Court directed listing the matter on 29.11.2023.