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2017 DIGILAW 3570 (MAD)

K. Muthuvel v. Principal Secretary, Public Works Department

2017-11-03

INDIRA BANERJEE, M.SUNDAR

body2017
JUDGMENT : Indira Banerjee, J. 1. This writ petition has been filed seeking a writ of mandamus directing the fourth respondent to consider the repeated representations of the petitioner and to direct the respondents to measure the ayacut lands covered by the branch canals of Kuranganpallam Seepage Water Scheme and supply a proportionate amount of water to save the standing crops by framing an appropriate schedule in consonance with the extent of ayacut lands covered by the branch canals of Kuranganpallam Seepage Water Scheme. 2. A status report has been filed by the Executive Engineer, PWD/WRD, Lower Bhavani Basin Division, Erode-2. In the status report, it is stated that Lower Bhavani Irrigation System is one of the major irrigation systems in Tamil Nadu which irrigates 2,07,000 acres of land in Erode, Tirupur and Karur Districts. Water is released from the Lower Bhavani Reservoir located at Bhavani Sagar to Lower Bhavani main canal in two seasons irrigating 1,03,500 acres of land in each season. 3. As per the report, Kuranganpallam Harnessing Scheme is one of the 34 Harnessing Schemes in Lower Bhavani Irrigation System located in Modakuruchi Taluk, Erode District, which irrigates 3500 acres of land in two turns. Harnessing Schemes were formed to utilize the seepage water that flow to the river from the Lower Bhavani Irrigation ayacut. 4. Further, as per the report, Unjalur distributary is one of the major branch canal, which off-takes at mile 63/0 from the Lower Bhavani main canal irrigating 32,529 acres of land in two seasons. Water from the Lower Bhavani Reservoir is released to Kuranganpallam Irrigation System through the supplementation sluice located at mile 11/5 of Unjalur distributary canal on the basis of G.O.(Ms) No.727 Public Works, dated 22.04.1970. The intention of the Government Order is to supplement Kuranganpallam Irrigation canal ayacut with water until seepage water was released. 5. It is stated that based on G.O.No.280, Public Works (S1) Department, dated 20.10.2016, water has been released in Lower Bhavani main canal to enhance the ground water potential in the ayacut areas as special wetting. Water is being released to Kuranganapallam Harnessing System through the supplementation sluice located at mile 11/5 of Unjalur distributary as stated above. 6. 5. It is stated that based on G.O.No.280, Public Works (S1) Department, dated 20.10.2016, water has been released in Lower Bhavani main canal to enhance the ground water potential in the ayacut areas as special wetting. Water is being released to Kuranganapallam Harnessing System through the supplementation sluice located at mile 11/5 of Unjalur distributary as stated above. 6. As per the report, a group of ryots of Lower Bhavani Irrigation canal, which is in the downstream side of Kuranganpallam Harnessing canal, agitated against the release of water to Kuranganpallam Harnessing System through the supplementation sluice, leading to law and order disturbances on 03.11.2016. The protesters demanded that the District Administration should close the shutters of the supplementation sluice constructed for supply of water to Kuranganpallam Harnessing Scheme contending that water was to be released to Kuranganpallam Harnessing Scheme only during irrigation season, until seepage water was released and not at any other time to enhance ground water potential as special wetting. These ryots objected the release of water. However, based on the request of the petitioner, the District Collector, Erode formed a High Level Committee comprising (i) Superintending Engineer, Bhavani Basin Circle, Erode; (ii) Executive Engineer, WRD, Lower Bhavani Basin Division, Erode; (iii) Revenue Divisional Officer, Erode; (iv) Joint Director, Agricultural Department, Erode; (v) Assistant Director, Horticulture Department, Erode and (vi) Executive Engineer, Agricultural Engineering Department, Erode. The High Level Committee has conducted an enquiry, but is yet to finalize the report. Pending report, release of water to Kuranganpallam Harnessing Scheme has been withheld. 7. This Court, in exercise of jurisdiction under Article 226 of the Constitution of India, cannot adjudicate technical issues as to the volume of water that should be released, the number of times water should be released and the like. The authorities concerned have to take a prudent and practical decision taking into account all relevant factors, including the needs of the people covered by Kuranganpallam Harnessing Scheme for water, the volume of water that should be released, the effects of release on environmental conditions and the like. 8. We dispose of the writ petition by directing the High Level Committee to finalize its report and take a decision with regard to release of water at the earliest, preferably within a fortnight from date. No costs. Consequently, WMP.No.30010 of 2017 is closed.