Himachal Pradesh High Court: A Single Judge Bench comprising of Ajay Mohan Goel, J. relied on the report submitted by the Committee and gave directions to prevent the damage which could be caused by the reservoir to the adjacent villages.
The petitioners were residents of a village which was located adjacent to the reservoir constructed by the respondent, water level of which would cause damage to the properties surrounding it as the water level of the reservoir was not stagnant and also had gentler slopes and as a result, the land was sinking. Also, the inspection that was ordered by the Court for the same clearly mentioned the risk involved.
The respondent contradicted by stating that the buildings were higher than the reservoir from above the sea level and thus does not call for any danger.
Taking into account the recommendations given in the report, the court directed the authorities to barricade the reservoirs in order to prevent any accident along with strict monitoring of the area and if there was a danger the local people shall be evacuated and resettled at a suitable location. It further directed the Deputy Commissioner to take such directions as was required for the safety of the people concerned. Accordingly, the petition was disposed of.[Man Mohan v. State of H.P.,2018 SCC OnLine HP 1598, decided on 16-11-2018]
