QUESTION
Legal issues and Supreme Court verdicts on pond bank land, its usage rights & regulations in Bihar

I am a resident of Bihar. There was a Govt. pond and vacant barren land in front my house and the banks (land) of the same was not even, and it was full of shrubs and thorny plants. Later on we got the bank of the pond leveled at our own cost and planted trees for the beautification of the banks-all at our own cost. Now the trees has grown big and it has taken a shape of very nice park/ garden. This park had unrestricted access to the local people, who used to get there and bring there cattle for grazing/ for cleaning stuff ets.

Some days ago, due to some political motives the locals mobilized some people and they encroached the land and made makeshift huts and tied their cattle around. They are also cuttign down the plants and trees and making the local enviroment poisnous.

Following are the relevant facts:

1. The bank of the pond belongs to revenue dept, Govt of Bihar.
2. We incurred a lot of expenses in levelling the bank and in planting, watering etc to the trees and for the beautification of the same.
3. Since it is a govt. land, we havn't restricted anybody in using it in cattle grazing or playing or any kind of usage.

Please suggest on the following points:

1. We have written to the local authorities as well as the Govt. of Bihar including the Hon'ble Supreme Court of India & DFO. None of the govt. representative has came to protect this. Q. -Whose basic responsibility is to get the bank of the pond vacated from the encroachments and maintain it as a  water body and a forest/park/garden?

2. What are my rights on the plants/furits/branches/leaves as I have planted them and maintained them. What are my rights on the use of land (without making any structure- permanent or temporary) ?

3. Please suggest a website from where I can get the reference of Supreme court judgement regarding maintaining the pond banks and maintenaning the water bodies, forest and environment.

Arjun,
sharan_kan@yahoo.com

by
25 September 2008