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2012 DIGILAW 256 (ORI)

PRASANA KUMAR BEHERA v. STATE OF ORISSA

2012-05-16

B.N.MAHAPATRA, V.GOPALA GOWDA

body2012
JUDGMENT : B.N. Mahapatra, J. - This writ petition has been filed in the nature of a Public Interest Litigation (P.I.L.) challenging the action of opposite party No. 7 Chairman-cum-Managing Director, E.S.S.A.R. Steel Private Limited (for short, "O.P. Company") in lifting sand from the river Mahanadi on the ground that such removal of sand from the said river would cause serious threat to the human life and properties of the villagers residing in villages, namely, Ramnagar, Kharnasi, Batighar and Barajbahakuda as during rainy season, the sea water will enter into those villages through river Mahanadi. Further allegation of the petitioner is that O.P. Company is lifting sand from the river belt without prior permission of the Government, more particularly, Forest and Environment Department. Petitioners' case in a nut-shell is that they sought for information under the Right to Information Act (for short, "R.T.I. Act") from the Public Information Officer as to whether the O.P.-Company has obtained any permission from the State Government regarding lifting of sand from the river Mahanadi. The Public Information Officer attached to the Forest and Environment Department vide his letter dated 22.2.2011 intimated petitioner No. 1 that no permission was obtained by the O.P.-Company from the Forest and Environment Department regarding lifting of sand from the river Mahanadi. Further information obtained under R.T.I. Act is that the Additional Tahasildar-cum-P.I.O., has categorically stated that no Palli Sabha was conducted regarding lifting of sand from the river Mahanadi. Though the petitioners made representations to the Chief Secretary, Orissa, Bhubaneswar as well as to the Collector, Kendrapara and Tahasildar, Mahakalapada and also to other public authorities ventilating their grievance no action has yet been taken in that regard. The villages of the petitioners situate on the bank of river Mahanadi. The population of these three Grama Panchayats and villages are more than 30,000. The distance of river Mahanadi from that end to the Sea (Bay of Bengal) is only two kilometres. 2. Mr. K.K. Swain, learned Counsel appearing for the petitioners submitted that the action of O.P. Company in lifting sand from river Mahanadi is contrary to the provisions of law and it will directly affect the public interest as there would be serious threat to human life and property of four revenue villages situated on the bank of river Mahanadi. Therefore, the action of O.P.-Company in lifting the sand from river Mahanadi belt is illegal. Therefore, the action of O.P.-Company in lifting the sand from river Mahanadi belt is illegal. It is submitted that necessary direction should be issued to O.P. Company to stop lifting of sand from river Mahanadi in that area and appropriate action may be taken against O.P.-Company for illegal lifting of sand. 3. Mr. A. Mohanty, learned Counsel appearing for the intervenors-opposite party Nos. 8 to 12 supporting the case of the petitioners submitted on the basis of counter-affidavit dated 28.9.2011 filed on their behalf that the averments made by the petitioners in the present writ petition are correct with regard to illegal dredging in river Mahanadi violating statutory rules framed in the Orissa Lease Principle relating to sairat sources as well as the Orissa Minor and Mineral Concession Rules. The Government of Odisha has not followed the mandatory provisions of law while granting permission to O.P.-Company for dredging in river Mahanadi and to lift sand, because there is no prior permission from the competent authority before granting permission for the said work. O.P.-Company has been lifting sand by dredging the water area nearer to the villages of the intervenors, namely, Musadia, Bijayachandrapur, Udayabata, Nuagarh, Balidia etc. without prior permission from the competent authority. The perennial river Mahanadi, which is the longest river of the State, bisects the revenue district of Jagatsinghpur and Kendrapara into two parts. On the right bank of river Mahanadi, district Jagatsinghpur is situated and on the left bank of river Mahanadi, revenue district of Kendrapara is situated. O.P.-Company is permitted by the Government to install a plant having its location in the right side of river Mahanadi which is coming within the territorial jurisdiction of the revenue district of Jagatsinghpur and the village which have been noticed for establishment of the said plant belongs to the intervenors-opposite party Nos. 8 to 12. O.P.-Company is situated just adjacent to the river embankment having a minimum distance of 1-2 Kilometres away from the right bank of river Mahanadi. Seven villages namely, Nuagarh, Vijayachandrapur, Upayabata, Chakradharapur, Paradeepgarh, Pipala and Balidia are coming within the purview of the proposed plant. So far as villagers, namely, Nuagarh, Vijayachandrapur, Udayabata out of the said seven villages are concerned, land acquisition process has been initiated, but the land of the concerned villages has not been handed over to O.P. Company. Seven villages namely, Nuagarh, Vijayachandrapur, Upayabata, Chakradharapur, Paradeepgarh, Pipala and Balidia are coming within the purview of the proposed plant. So far as villagers, namely, Nuagarh, Vijayachandrapur, Udayabata out of the said seven villages are concerned, land acquisition process has been initiated, but the land of the concerned villages has not been handed over to O.P. Company. So far as villages of the interveners are concerned, those are situated just adjacent to the right embankment of river Mahanadi as well as nearer to the mouth of Bay of Bengal which are coming under the high tide zone and there is every possibility of threat and possibility of submerging of the villages, if necessary action is not taken up by the Government. The area which has been allotted by the Government to O.P. Company is corning under the scouring affected zone, where frequent scouring map survey is made in river Mahanadi by the Water Resources Department. In the recent past more than 1000 hectares of land have been submerged under river due to frequent souring on the right bank nearer to all the allotted villages to O.P.-Company including Musadia and Aganasi. The other villages namely, Musadia, Udayabat, Muagarh, Paradeepgarh and Baldia and Vijayachandrapur are situated on the right embankment side of river Mahanadi where the proposed plant of O.P. Company is going to be established. During the operational work, there being requirement of huge quantity of sand for levelling the uneven plant area, O.P. Company is permitted by the Water Resources Department, Government of Odisha for dredging and lifting silt/sand on the left bank of river Mahanadi in front of the village Musadia pursuant to the report of the Executive Engineer, Mahanadi South Division, Cuttack. The authorities without assessing the physical situation of the locality as well as the map permitted O.P. Company to dredge the sand on the left bank of river Mahanadi in front of village Musadia. An incorrect map has been prepared wherein the village Musadia has been shown at a wrong place with an aim to facilitate O.P. 7 Company by way of suppressing fact as well as reality but in fact, the exact dredging operation is undertaken at some places other than the permissible area. An incorrect map has been prepared wherein the village Musadia has been shown at a wrong place with an aim to facilitate O.P. 7 Company by way of suppressing fact as well as reality but in fact, the exact dredging operation is undertaken at some places other than the permissible area. Since the village Musadia is coming under the Coastal Regulation Zone (C.R.Z.), no permission can be granted for the purpose of dredging in that area for lifting of silt/sand from the river Mahanadi. If digging of sand in the water logging area is made, the vacuum created thereby could be filled up by way of sledging of sands and definitely there will be cavity created in the bottom/foot of the embankment as a result of which there will be danger in future and damage to the embankment. Therefore, permission, granted in favour of O.P. Company is required to be recalled. 4. Per contra, learned Additional Government Advocate submitted that O.P. Company has been lifting sand since 2007 from the left bank of river Mahanadi in front of Musadia village obtaining prior permission of the Water Resources Department, Government of Odisha under the guidelines of the Executive Engineer, Mahanadi South Division, Jobra, Cuttack. The said permission was granted on the recommendations of the Chief Engineer and Basin Manager, Lower Mahanadi Basin to the Department of Water Resources contained in his letter No. 10738 dated 22.8.2006 and pursuant to such permission granted by the State Government, the Executive Engineer, Mahanadi South Division has issued instructions vide letter dated 4.5.2007 to O.P.-Company not to dredge the area above the low tide level of the river. The area in question, is not a permanent sairat source and therefore, cannot be settled under the Orissa Minor Minerals Concession Rules, 2004 and lifting of sand is being done under the guidelines and supervision of the Executive Engineer, Mahanadi South Division, Jobra, Cuttack from time to time. O.P.-Company has deposited royalty since 2007-08 till 2010-11 at the approved rates as fixed by the Government and the royalty so deposited is shared by the Tahasils of Kujanga and Mahakalapada on 50 : 50 basis. Lifting of sanad from the river bed will not cause any threat to the environment as well as to human life and property as has been averred in the writ petition and intervention petition. Lifting of sanad from the river bed will not cause any threat to the environment as well as to human life and property as has been averred in the writ petition and intervention petition. Necessary instruction has been issued to the Chairman-cum-Managing Director of O.P.-Company vide letter dated 2.8.2011 to stop unauthorized lifting of sand from river Mahanadi in compliance of interim order passed by this Court which has been complied with. 5. Learned Additional Government Advocate referring to the counter-affidavit dated 26.9.2011 filed by opposite party No. 6-Tahasildar, Kujanga submitted that O.P.-Company has been lifting sand from river Mahanadi since 2007 on the strength of permission granted by the Government vide letter dated 12.10.2006 (Annexure-A/6) to dredge sand in the left bank of river Mahanadi. Subsequently, the Engineer-in-Chief, Water Resources Department, Government of Orissa vide letter dated 22.8.2006 wrote to the Additional Secretary to Government, Department of Water Resources regarding granting of permission to dredge the river Mahanadi by O.P.-Company and copies thereof were endorsed to the South Eastern Circle, Cuttack, Executive Engineer, South Division, Jobra and pursuant thereto the Executive Engineer, Mahanadi South Division vide letter dated 4.5.2007 granted permission to O.P.-Company to dredge sand from the river Mahanadi as per the area earmarked in the map. Thereafter on 25.4.2007, the Executive Engineer, Mahanadi South Division, Jobra, Cuttack vide letter dated 25.4.2007 directed the Assistant Engineer, Paradep Irrigation Sub-Division, Samgola to provide technical guidance to O.P.-Company to arrange for demarcation of the exact portion of Mahanadi bed from where the sand can be dredged and to ensure that the river bed and embankment are not damaged thereby. 6. On 30.6.2008 the Executive Engineer, Mahanadi South Division, Cuttack in reply to the query made by the Collector and District Magistrate, Jagatsinghpur vide letter dated 11.6.2008, gave his technical assessment on the impact of dredging at the capital embankment, Mahanadi system and stated that the location of dredging is very close to the river mouth where the flow of the river is very slow and there are huge sand deposits which causes hindrance to free flow of flood discharge into the sea and dredging of sand is much beneficial from the point of view of flood control. The dredging area being far away from the right embankment is in no way detrimental to the river system. 7. The dredging area being far away from the right embankment is in no way detrimental to the river system. 7. A joint inspection committee was constituted on 5.2.2011 as per direction of the Collector and District Magistrate, Jagatsinghpur in response to a writ petition bearing W.P. (C) No. 22646 of 2010 filed by one Prasad Kumar Balabantaray making same allegations therein as have been made in the present writ petition and the said writ petition was dismissed after submission of the report of the Joint Inspection Committee. 8. Since sand is being lifted from the bed of river Mahanadi, the same cannot be treated as a permanent sand sairat and it cannot be put to auction annually as per the Orissa Minor Minerals Concession Rules, 2004. Hence, royalty is being levied and collected on the basis of the actual quantity of sand dredged as per the rates fixed by the State Government. 9. Mr. L. Samantaray, learned Counsel appearing on behalf O.P.-Company submitted that the project being an integrated Steel Plant (6.00 M.T.P.A.) alongwith active power plant (235 M.W.), the Government of India in Ministry of Environment and Forests while giving permission to implement the project, permitted O.P.-Company to take up dredging activity, in such a manner that no eco-system is affected and also shoreline along the river should not be affected. The aforesaid permission was granted vide letter dated 4.5.2007. While according environmental clearance, the Ministry of Environment and Forests, Government of India by its letter dated 29.5.2008 (Annexure-B/7) has clearly mentioned in paragraph 2.0 that permission for dredging of sand from the Mahanadi River has been accorded by the State Government to level the acquired land. The State Government in Water Resources Department vide letter dated 12.10.2006 (Annexure-C/7) allowed O.P.-Company to dredge the sand in the left bank of river Mahanadi in front of the village Musadia under the guidelines of the Executive Engineer, Mahanadi South Division, Jobra, Cuttack. Further, on queries made by the Collector, Jagatsinghpur, the Executive Engineer, Mahanadi South Division, Jobra, Cuttack by letter dated 30.6.2008 clarified that O.P.-Company was permitted to dredge sand below the low tide level only. The location of dredging is very close to the mouth of Mahanadi to the Bay of Bengal. There the velocity of river flow is very slow resulting in huge sand deposits which cause hindrance to free flow of floods discharge to the sea. The location of dredging is very close to the mouth of Mahanadi to the Bay of Bengal. There the velocity of river flow is very slow resulting in huge sand deposits which cause hindrance to free flow of floods discharge to the sea. So dredging of sand from that location would be very much beneficial from flood control point of view. The dredging area is far away from the right embankment. Hence, no way it is detrimental to the river system. Since the Government of India in Ministry of Environment and Forest Department has given required permission as per the revised environmental clearance process as well as the State Government in Water Resources Department has given the required permission for dredging, neither further permission from the State Government in Forest and Environment Department nor conducting of Palli Sabha, as envisaged under the Grama Panchayat Act, is necessary for dredging of sand and establishment of the plant, as the competent authorities have already accorded required permission. 10. It was further submitted that as dredging is being done at the centre of the river towards left embankment, there can be threat to left side embankment as huge deposit of sand is there on that side. Therefore, there is no threat to villages namely, Ramnagar, Kharinasi, Batighar and Brajabahakuda and lifting of sand from river Mahanadi would no way cause any threat to the environment so also to the human life and property of the locality. 11. As per direction of the Collector and District Magistrate, Jagatsinghpur, a joint inspection of dredging site was conducted on 5.2.2011 near village Musadia by the Committee consisting of Additional District Magistrate, Paradeep, Executive Engineer, Mahanadi South Division, Project Director, Rehabilitation and Resettlement, Jagatsinghpur, Special Land Acquisition Officer (M.I.P.), Jagatsinghpur, Asst. Engineer, Paradeep Irrigation Sub-Division, Samagola and Junior Engineer, Chaumuhani Section. Inspection was taken up in presence of the G.M. of O.P.-Company and some villagers to asses the impact of the dredging on the bed of river Mahanadi on the river bank at Aganasi village and right side embankment. The enquiry revealed that the deepest channel of the river is on the right side and the shallow portion on the left side at village Aganasi. The enquiry revealed that the deepest channel of the river is on the right side and the shallow portion on the left side at village Aganasi. While there has been constant and continuous scouring of the right side river bank causing loss of land mass at Aganasi village, there is huge accretion and deposit of sand and silt from the access of the river on the left side. There is no deposit of sand in the right side as it is not economically viable to carry out dredging operation in the right side which is approximately 20 to 30 ft. deep. No damage is caused to the river bank at Aganasi village. Damage is caused to right side embankment not due to dredging of river bed but due to tidal effects of the sea (two times daily), the confluence point being barely 2 K.M. away from the appointed site causing high tide daily and affecting natural scouring to the bank. Dredging is being carried out by the O.P.-Company on the centre of the river towards left where the sand deposit is enormous due to silting which causes diversion of flow of water to right side leading to scouring or caving in. Since, no threat has ever been foreseen by the authorities on the left side of the river, no embankment or flood protection measures have been taken up by the Water Resources Department whereas crores of rupees are being spent by the Government for construction of embankment and dumping boulders on the right side to protect the villages from flood. The villages of the petitioners are situated far away from the place of dredging. Therefore, apprehension of the petitioners that their villages shall be affected is baseless. O.P.-Company is paying royalty to both the Tahasildar, Kujanga in the district of Jagatsinghpur and the Tahasildar, Mahakalapada in the district of Kendrapara. 12. In the rejoinder filed on behalf of the interveners opposite party Nos. 8 to 12, it is stated that O.P.-Company is causing serious damage to the shore line and eco-system by way of dredging and digging of earth and grass turf in the mangroves area near right bank of Mahanadi. Dredging in river Mahanadi in front of Musadia village is squarely coming under the classification of Coastal Regulation Zone 1 and as such permission should not have been granted. Dredging in river Mahanadi in front of Musadia village is squarely coming under the classification of Coastal Regulation Zone 1 and as such permission should not have been granted. The seepage water from dredging sand should have been discharged after treatment but, in the present case no treatment plant is there to regulate such activity by O.P.-Company. Therefore, grant of permission is illegal. O.P.-Company has also not complied with the clause enumerated in Clause No. A (xi), (xiv), (xv), (xvi) as well as Clause No. B (vii) (ix) (x) and (xii) (xiii). Place Musadia shown in the map is incorrect one and it has been done deliberately in order to favour O.P.-Company. The actual dredging is undertaken near the right embankment adjacent to the village of the interveners. The averments are self-contradictory. The location of village in respect of which the permission has been granted is indicated to be any where else which creates doubts about the permissible area and the operational area of O.P.-Company. The village Aganasi has been completely submerged in river Mahanadi during the period 2007-2011 due to frequent and continuous scouring in the right side of river embankment. So, the averment is completely contradictory as per the annexed documents to the counter. No central line of river Mahanadi has been demarcated. Dredging is going on near Musadia which is situated in the right bank of river Mahanadi, and the same is contrary to the documents and pleading of O.P.-Company. If dredging will not be prohibited nearer to the right embankment of river Mahanadi, there is every chance of danger to the village of the intervenors-opposite party Nos. 8 to 12. It was further submitted that the Water Resources Department in connivance with O.P.-Company falsely reported that the dredging operation in the left bank of river Mahanadi is in the interest of general public. 13. On the rival contentions, the only question that falls for consideration by this Court is as to whether the action of O.P.-Company is lifting sand from river Mahanadi is contrary to the provisions of law and it would affect the public interest as by doing so there would be serious threat to the human life and property of villages situated on the embankment of river Mahanadi. 14. 14. The Government of India in Ministry of Environment and Forest Department while giving permission to implement the project, permitted O.P.-Company vide letter dated 4.6.2007 (Annexure-A/7) to take up dredging activity, in such a manner that no eco-system is affected and further shoreline along the river should not be affected. While according environmental clearance, the Ministry of Environment and Forest, Government of India vide its letter dated 29.5.2008 (Annexure-B/7) has clearly mentioned in paragraph 2.0 that permission for dredging of sand from river Mahanadi has been accorded by the State Government to level the acquired land. Moreover, the State Government in its Water Resources Department vide letter dated 12.10.2006 (Annexure-C/7) allowed O.P.-Company to dredge the sand in the left bank of river Mahanadi in front of village Musadia under the guidelines of the Executive Engineer, Mahanadi South Division, Jobra, Cuttack. Thus, it is not correct to say that O.P.-Company without obtaining prior permission of the Government in the Department of Environment and Forest is illegally lifting sand from river Mahanadi. 15. The other allegation of the petitioners and intervenor-opposite party Nos. 8 to 12 is that lifting of sand from river Mahanadi affects the public interest and there would be threat to human life and property of their villages situated in the embankment of river Mahanadi. 16. Pursuant to a direction of the Collector and District Magistrate, Jagatsinghpur, a joint inspection of the dredging site was conducted on 5.2.2011 near village Musadia by a Committee consisting of Additional District Magistrate, Paradeep, Executive Engineer, Mahanadi South Division, Project Director, Rehabilitation and Resettlement, Jagatsinghpur, Special Land Acquisition Officer (M.I.P.), Jagatsinghpur, Asst. Engineer, Paradeep Irrigation Sub-Division, Samagola and Junior Engineer, Chaumuhani Section, The said inspection was taken up in the presence of G.M. of O.P.-Company and some of the villagers to assess the impact of dredging on the bed of river Mahanadi. The relevant portions of the Joint Inspection Report dated 5.2.2011 are extracted below : On enquiry it is revealed that the deepest channel of the river Mahanadi is on the right side and the shallow portion is on the left side at village Aganasi. While there has been constant and continuous scouring of the right side river bank causing loss of land mass at Aganasi village, there is huge accretion and deposit of sand and silt from the recess of the river on the left side. While there has been constant and continuous scouring of the right side river bank causing loss of land mass at Aganasi village, there is huge accretion and deposit of sand and silt from the recess of the river on the left side. There is no deposit of sand in the right side. As such it is not economically viable to carry out dredging operation in the right side which is approximately 20 to 30 ft. deep. It is therefore beyond all reasonable doubts that the damage occurred to river bank at Aganasi village and right side embankment is not due to dredging of the river bed as alleged by the petitioner, but due to vital effects of the sea (two times daily), the confluence point being barely 2 Km., away from the appointed site causing high tide daily and effecting natural scouring to the bank. It will not be out of place to mention here that most of the land mass in village Aganasi has been devoured by the river over the years due to natural scouring/tidal effects much prior to dredging in the river. It is seen that the dredging work is being carried out on the left side of the river (Zone-3) as per approved drawing of R.D. 4.90 Km. of C.E. No. 78 (A) near Musadia. The dredging point is in the river at left side and 250 mtr. Away from the right side of the river. During the course of site inspection it is revealed by the Executive Engineer, Mahanadi South that the following proposals have been approved in the last Technical Advisory Committee (T.A.C.) held in the month of December, 2010 to divert the river current/flow as part of further remedial measures to protect bank and embankment. 1. Construction of 3 numbers high level spurs near Nuagarh alongwith launching and packing with armory stones amounting to Rs. 521.00 lakhs. 2. Improvement to C.E. No. 78 (A) Chaumuhani to Nuagarh (Musadia) amounting to Rs. 457.00 lakhs. Hence, after due inspection of the site and considering the proposal of Executive Engineer, Mahanadi South Division the Committee express its findings as below : (1) In the opinion of the committee dredging of the bed of the river Mahanadi is not detrimental to the right embankment of the river Mahanadi. 457.00 lakhs. Hence, after due inspection of the site and considering the proposal of Executive Engineer, Mahanadi South Division the Committee express its findings as below : (1) In the opinion of the committee dredging of the bed of the river Mahanadi is not detrimental to the right embankment of the river Mahanadi. Rather it would facilitate free flow of water to the Bay of Bengal and protect the riparian villages from high flood. (2) The committee suggested that the decisions taken in the T.A.C. should be carried out immediately in order to protect the right embankment, prevent further scouring and safeguard the nearby villages from being devoured by the river. (3) Further, it is suggested that M/s. E.S.S.A.R. Steel Ltd. should take adequate steps to clearly indicate the centre line of the river Mahanadi on the floating barge so as to not to allow dredging operation in the right side and assuage the feeling of the people that indiscriminate dredging is not being carried out threatening their life and property. (4) The staff of D.O.W.R. should inspect the site regularly at least once a week so as to check and correct irregular dredging if any. Government in Water Resources Department and Chief Engineer and Basin Manager lower-Mahanadi Basin, B.B.S.R. may kindly be requested for allocation of funds for immediate construction of high level spurs and improvement of C.E. No. 78 (A) for protection of embankment and land. 17. Earlier, this Court taking into consideration the report dated 11.6.2008 of the Executive Engineer, Mahanadi South Division, Cuttack passed order dated 16.5.2011 in W.P. (C) No. 22646 of 2010 declining to grant relief to the petitioners therein, wherein it was alleged that they would be losing their paddy crops as they will not be in a position to cultivate their land for establishment of the plant of O.P.-Company. As per report dated 16.6.2008, the location of dredging is very close to the mouth of river Mahanadi to the bay of Bengal; so dredging of sand from those location is very much beneficial from flood point of view. Dredging area is far away from the right embankment and hence, no way it is detrimental to the interest of the general public. 18. Dredging area is far away from the right embankment and hence, no way it is detrimental to the interest of the general public. 18. In view of the above, we think it proper to make the following observation and directions : (i) The factual dispute involved in the present case is that while the intervenors-opposite party Nos. 8 to 12 emphatically say that the dredging operation is carried on by O.P.-Company in the right embankment of river Mahanadi, the stand off opposite party Government as well as private opposite party i.e., O.P.-Company is that dredging operation is being undertaken in left side of the river. This is purely a disputed question of fact. Therefore, we direct the Collector, Jagatsinghpur to take assistance of some authorities having knowledge in the field of survey and find out the factual and correct position as to whether dredging operation is carried on the left or right side of the river embankment. If O.P.-Company is dredging sand from right embankment of Mahanadi, immediate steps must be taken by the Collector to stop the same and also necessary action should be taken against O.P.-Company. (ii) The Collector and District Magistrate, Jagatsinghpur is further directed to ensure that: (a) the suggestion given by the Inspection Committee on the basis of their inspection dated 5.2.2011 is implemented, (b) the eco-system and shore line alongwith river is not affected as per the conditions stipulated in the permission dated 4.6.2007 issued by the Government of India in the Ministry of Forest and Environment, and (c) O.P.-Company must dredge sand from left side embankment of river Mahanadi in front of village Musadia under the guidance of the Executive Engineer, Mahanadi South Division, Jobra, Cuttack as per letter dated 12.10.2006 issued by the State Government in the Water Resources Department. With the aforesaid observation and directions, the writ petition is disposed of. No cost. V. Gopala Gowda, C.J. I agree.