Research › Search › Judgment

Rajasthan High Court · body

2005 DIGILAW 2964 (RAJ)

Mool Chand v. State of Rajasthan

2005-11-11

K.C.SHARMA, Y.R.MEENA

body2005
Judgment 1. By this writ petition, in the nature of Public Interest Litigation, petitioners prayed that due to negligence of the respondents, there is a lot of leakage and ceapage of water in left main canal and right main canal which have their origin in the Kota Barrage situated at the Chambal river. Reply has been filed and the respondents have denied the allegations of negligence of any of the authority of the department. The main allegation has been levelled in Paras 4 and 5 of the writ petition, which read as under: - “4. That the Left Main Canal had been constructed with a view to provide water to serve the purpose of irrigation to 1,02,000 hectares (approximately) of the lands. However, due to the lack of farsightedness of the authorities and lack of vigilance, the very purpose of spending crores of rupees on the construction of the canals is getting frustrated as the network of the canals and their distributaries is proving to be a futile exercise for a large number of agriculturists of the Bundi and other adjoining districts, who are situated at or near the tail of these canals. The petitioners submit that due to lack of proper monitoring by the authorities of the Irrigation Department, the canals are having substantial wastage of water to the extent of about 75% of the water released from the Kota Barrage. The major cause of this is the leakage of water at or near the head of canal/distributaries and leakage of water canal due to damage of the canal walls, as a result of which a substantial quantity of precious water gets wasted and the same accumulates into rainy rivers and nallas, which can be seen with full of water in the month of November and December every year and this water does not serve any useful purpose at all. That apart, the farmers having their agricultural fields near or at the head of canal use the water of the canal recklessly by making large holes in the canal walls as compared to their actual requirement and as permissible by the authorities. As a result, a very large quantity of excess/unused water goes waste through the outlets of such fields and this water ultimately gets accumulated into the trenches/nallas.” 5. As a result, a very large quantity of excess/unused water goes waste through the outlets of such fields and this water ultimately gets accumulated into the trenches/nallas.” 5. That in addition to the above, there are a number of other major defects in the functioning of the canal network, such as improper and unplanned levelling of the canals bottom level/carpeting, due to which the water level becomes higher at particular points, causing damage to the canal walls and at the same time the water level after that particular point gets reduced substantially. In addition to the above, a number of farmers have been using diesel pump sets illegally to get extra water from the canal, as a result, the water level of the canal is affected adversely.” 2. The respondents, in their reply, have denied the allegations. The relevant part of the reply reads thus:-“4. That the contents of Para 4 are admitted to the extent that the Left Main Canal is meant for Kota and Bundi district for irrigating the area of 1,02,000 Hectares and the monitoring of canal regulation is arranged by the C.A.D. department for every village and every area, so that water can be arrived till the end point. It is wrong to say on the part of the petitioners that 75% of the released water from the Kota Barage is remained as wastage but due to rocky strata and unlined canals 5 to 10% water released through seepage which is a natural process. It is also wrong to say on the part of the petitioners that the water of rainy seasonal rivers gets wastage but actually in the Chambal Command Area drainage network has been developed due to which after irrigating the water in the fields the percolate water arrived at in the drain of the field and after accumulating there is flows through rivers and Nallas, as such this drainage water seems in the rivers. The drainages were constructed to carry the seepage water, due to making obstacles in between the canals systems by the farmers of the area, they used to make obstacles to uplift the water level for irrigating their fields, as such the water got wastage and finally reaches in the natural rivers or Nallas but it is not due to the mistakes of the answering respondents. As soon as it came into notice of the officers and employees of the C.A.D. or the answering respondents, these obstacles are used to removed and the water courses (Dhoras) were got rectified. At some places the water courses were removed by the farmers and they were included in their fields after levelling the Dhoras, which is illegal activity on the part of the farmers. The answering respondents through meetings and through issuance of literature regarding maximum utilization of the irrigated water for the farmers to get them understand the use of valuable irrigated water but the farmers are habitual of making obstacles in the water course, as such the leakage and seepage of water usually seems to be in the drains and the Nallas, which is the main reason for leakage and seepage. Mainly the petitioners or the farmers are responsible for the leakage and seepage due to their vested interest. Earlier in the Department of C.A.D. and Irrigation the posts of Patwaries were sanctioned but in the year 2002 the posts of Patwaries were abolished, who were keeping watch upon the activities of the farmers and also used to recover the irrigation dues but now this work is being done by the Jal Prabandh Samities (Water Users Association) as per the prescribed rates by the State Government. The constitution of these Krishi Jal Prabandh Samities (here-in-after referred to as the Samiti) was done including the local habitants/farmers in the work of the State Government under participatory irrigation management, as such the irrigation dues are under the purview of these Samities. The recoveries of the dues of irrigation fee are not being done by these Samities sufficiently, even the irrigation facilities are being provided up to the tail area of the Command, which was considered as sufficient by the monitoring committee, who submitted his report before this Honble High Court on 12.01.2005 and constituted in compliance of the order of this Honble Court dated 112.2004, comprising of Divisional Commissioner, Kota; Collector, Kota; Collector, Bundi; Collector, Baran; Superintending Engineer, Irrigation Circle, C.A.D, Kota headed by the Divisional Commissioner, Kota. A bare perusal of the report of the monitoring committee dated 10.01.2005 would reveal that the farmers, rockey/ fissured strata, lack of rain, scarcity of water in the reservoirs, misuse of excess water by the farmers. A bare perusal of the report of the monitoring committee dated 10.01.2005 would reveal that the farmers, rockey/ fissured strata, lack of rain, scarcity of water in the reservoirs, misuse of excess water by the farmers. The structure of canals, drainages, ciphen, drain crossing and the other reasons which are mentioned in the said report with suggestions to meet out the need of irrigated water, are combindly responsible for these alleged leakage and seepage. It is wrong to say on the part of the petitioners/farmers that the intensity of the irrigated water is only 55% whereas the farmers/cultivators used the irrigated water for 100% area between head, middle and tail. 5. That the contents of Para 5 are denied and it is wrong to say on the part of the petitioners that the canal bed was constructed without planning/levelling. The canals were constructed as per the planning and design, approved by the then expert engineers and the level of lining was also maintained as per their advice, due to these reasons there is no damages to the walls of the canals and the water flows fluently but the farmers unauthorisedly used the water through diesel pump sets and by cutting the canal system as per their choice or vested interest.” 3. In the reply, the respondents have denied the allegation that there is wastage of 75% of the released water due to leakage. What they admitted is that due to rocky strata and unlined canals there is wastage of 5% to 10% of released water, which is a natural process and is beyond their control. The other reasons, the respondents have given are that for uplifting the water level for irrigating their fields, the farmers/ agriculturists used to put obstacles in the water canals and because of this reason, some water go waste. As soon as they come to know that somebody has put obstacles in the water caqnal, immediate steps are being taken to remove such obstacles. 4. Considering the reply, we see no justification to issue any directions to the respondents as sought for in the writ petition. As soon as they come to know that somebody has put obstacles in the water caqnal, immediate steps are being taken to remove such obstacles. 4. Considering the reply, we see no justification to issue any directions to the respondents as sought for in the writ petition. However, the Superintending Engineer, C.A.D, Kota, is directed that as soon as any negligence or mistake of any of the officials of his department or misuse of water by any farmer is brought to his notice by any person, he shall take immediate steps to stop the leakage, seepage or misuse of the water. 5. With the above directions, the writ petition stands disposed of .