The Judge added that they did not find it appropriate to now order demolition, considering that the pond had already been converted into a school building and a community centre for the villagers’ benefit and an alternative pond had been excavated on the land donated by the NRI. Instead of maintaining “balance of ecosystem”, it became a “flashpoint for spreading of diseases”. The Bench added that the pond had been virtually converted into a disposal point for sullage and dirty water.

As such, these acts could not invite the wrath of the court. However, the same had been done for the benefit of the inhabitants with no particular individual getting benefit. The Bench added that the acts, result of a bona fide necessity, might not have “the sanctity of law”. The vacant 10 marlas were used for discharge of sullage and dirty water. Some portion was also used for ingress and egress and as a playground. The Bench observed that some portion had been utilised by the government by constructing a school about 50 years ago. The matter was brought to the notice of the High Court with the filing of a petition regarding alleged encroachment on the pond at Badial village. The directions were issued after the Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari was told about the conversion of the existing pond into a school building and a community centre. The commandments include proper installation and maintenance of treatment facilities in the village for making certain the disposal of sullage and ensuring “environment restoration and replenishment of surface water”. The assertion came as a Division Bench issued guidelines for preservation of a pond excavated on 30 marlas donated by NRI Tirath Singh “interested in philanthropist activities”. In a significant order liable to go a long way in preserving water bodies in the countryside, the Punjab and Haryana High Court has asserted that village ponds are the “epicentre of rural life” and maintain balance in a fragile ecosystem.

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