Himachal Pradesh High Court Seeks Response On Plea Alleging Construction Of Illegal Road Over Natural Water Channel

The Himachal Pradesh High Court has sought a response from the state authorities on a petition alleging the construction of an illegal road over a natural water channel.Justice Jyotsna Rewal Dua issued notice to Himachal Pradesh State Authorities including Deputy Commissioner, Kangra and listed the matter for November 4.Retired Lt. Col. Sandesh Kumar, a resident of Village Jalera in District Kangra, has filed a writ petition seeking the restoration of “Gair Mumkin Khad” — a natural water channel that feeds the Pong Dam (Maharana Pratap Sagar).The plea alleges that an illegal and unauthorized road has been constructed on the government-designated “Gair Mumkin Khad”, due to which fully grown, decades-old trees were felled indiscriminately, in violation of environmental laws. It further states that the local flora and fauna have been destroyed as a result of the illegal activity. According to the revenue records, the land is recorded in the name of Respondent Brijendra Singh and is not suitable for any construction or development owing to its topography and ecological importance, as the seasonal water flows through this channel and ultimately enters the Pong Dam (Maharana Pratap Sagar) reservoir.The petition also alleges illegal encroachments and environmental violations on the protected land, despite repeated complaints to the authorities since February 2025. It seeks directions to restore the Khad to its original ecological state, declare it as village common land, and ensure enforcement of environmental and forest laws, including the Forest (Conservation) Act, 1980, and the Himachal Pradesh Land Preservation Act, 1978.Lt. Col. Kumar has further requested the formation of a court-supervised Special Investigation Team (SIT) to investigate official inaction, fix accountability, and recover restoration costs from the violators.Mr. S. M. Goel, Sr. Advocate with Mr. Raman Jamalta and Mr. Sangam Garg, Advocates, for the petitioner.Mr. Y.P.S. Dhaulta, Additional Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General, Advocate, for respondents No.1 to 10.Title: Lt. Col. Sandesh Kumar Vs. State & Ors.Click here to read order

Himachal Pradesh High Court Seeks Response On Plea Alleging Construction Of Illegal Road Over Natural Water Channel

LIVELAW NEWS NETWORK

Tags