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2018 DIGILAW 251 (HP)

Court on its own motion v. State of H. P.

2018-03-06

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT : Sanjay Karol, J. On the basis of a Letter Petition dated 22.10.2017, addressed by Surjan Singh, Ex-president, Gram Panchayat, Chalahal (Now Gram Panchayat, Kotla), village Bajhol, P.O. Thachi, Tehsil Sunni, District Shimla, Himachal Pradesh, this Court, taking suo moto cognizance, issued notice. 2. Residents of Gram Panchayat Kotla, Tehsil Sunni, District Shimla, Himachal Pradesh, are aggrieved of the inaction on the part of the Government in restoring the work of irrigation scheme. 3. On 2.1.2018, this Court passed the following interim order: “We take notice of the fact that in one such case, pertaining to District Solan, the Government itself has taken a decision of harnessing free flow of water to be utilized for drinking purpose. In the instant case, the Government had proposed, in fact started construction of the Lift Irrigation Scheme to cater to villages Bajhol, Kotla and Baghar. The Scheme was commissioned in the year 1984 and was operational till the year 2004, whereafter for some reason, it was abandoned and that too, after spending a sum of Rs. 30 lac. From the affidavit filed by the Superintending Engineer, I & PH Circle, Shimla-9, it appears that on account of reduction in flow of water from the source, the Scheme was put to disuse, which fact is seriously disputed by Mr. G.D. Verma, learned Senior Advocate, who has been requested by the Court to assist in the matter. In fact, learned Senior Counsel, who is conversant with the area, states that the affidavit to this extent perhaps may not be correct. Water is there. Villagers do require portable drinking water. To provide water is the Constitutional duty (Article 21) and obligation of the State. Proposal for augmenting scheme is pending consideration with the Government. Under these circumstances, we direct the Principal Secretary, I & PH to file his personal affidavit, dealing with the issue raised by the letter petitioner by the next date. List on 5th January, 2018. Authenticated copy.” 4. The Superintending Engineer, I&PH Circle, Shimla-9, has filed his affidavit, admitting that administrative approval for the Lift Irrigation Scheme, known as Kotla-Bhajol, was accorded way back in January 1979, with the provision of Rs. 6,60,000/- (approximately). The scheme was to irrigate 54 hectares CCA of village Bhajol, Kotla and Baghar. Such scheme was commissioned in the year 1983 and remained operational till the year 2004. 6,60,000/- (approximately). The scheme was to irrigate 54 hectares CCA of village Bhajol, Kotla and Baghar. Such scheme was commissioned in the year 1983 and remained operational till the year 2004. However, since the water at the source reduced, the scheme became un-operational. With the passage of time, the scheme became dysfunctional and the channels blocked on account of silt and lack of proper maintenance. 5. However, on the asking of local public, to overcome the problem of silting, in the year 2006, a decision was taken to channelize the water through stone masonry wall and GI Pipes. Only on account of objection by the private land owners, such endeavour could not be completed, though the Government had never abandoned the scheme, nor was there any decision to do so. In the year 2012, the restoration work was commenced but on account of objection by local people it could not be completed. 6. Significantly, it stands admitted that the scheme can be run, may be for a particular period in a year. It also stands explained that the scheme can be augmented by lifting water from a source downstream. 7. Additionally, the Court was assured that the Department is making all efforts to find a solution for commissioning the scheme. 8. The Secretary (IPH) to the Government of Himachal Pradesh has filed an affidavit, dated 8.1.2018, inter alia, stating as under: “…..However, in order to run the scheme, the replying deponent department considered it necessary to augment the scheme by constructing an additional pump house downstream the present source to lift the additional water to the maximum extent of 45 LPS available at the source for which the replying deponent department has taken necessary steps and submitted the preliminary estimate to the competent authority and further steps are being taken for getting the budget from the Govt. and completing all other codal formalities.” “…..It is pertinent to submit here that the replying deponent department is providing sufficient potable water to the resident of villages of the petitioner through three (3) different water supply schemes, namely, LWSS Kotla Sharog, LWSS Kotla Bhajol and LWSS Basantpur Kalvi, and there is no complaint, whatsoever, from any resident of the area.” 9. Thankfully, endeavour has been made to provide potable water. Insofar as irrigation is concerned, the government is likely to take a decision soon. 10. Thankfully, endeavour has been made to provide potable water. Insofar as irrigation is concerned, the government is likely to take a decision soon. 10. As such, we are persuaded by the learned Advocate General and the learned Amicus Curiae to close the present proceedings, with the assurance that the Government shall take appropriate action, including making budgetary provision, and that irrigation scheme shall be augmented and made functional prior to 31.7.2018. 11. We place on record our appreciation for the assistance rendered by Mr. S.D. Gill, learned Amicus, who, on the instructions of this Court, contacted the letter petitioner and obtained necessary feedback. 12. Registry is directed to send a copy of this judgment to the Secretary (IPH) to the Government of Himachal Pradesh; the Superintending Engineer, I&PH Circle, Shimla-9; and also to the letter petitioner to enable him to take follow up action with the concerned authorities. In view of the above we close the present proceedings. Pending application, if any, also stands disposed of.