Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 388 (JHR)

Nishikant @ Nishikant Dubey v. Union of India through the Principal Secretary Government of India, New Delhi

2018-02-15

APARESH KUMAR SINGH, RATNAKER BHENGRA

body2018
ORDER : 1. The respondent nos. 4 and 5 have filed a supplementary counter affidavit on 2nd February 2018 after our previous order dated 3rd January 2018. From their stand contained in the affidavit it appears that correspondence had been made at the field level between Executive Engineer, Irrigation Division, Godda and the Executive Engineer, Irrigation Division, Bansi (Bihar) and followed up by further correspondence with the Superintending Engineer, Irrigation Circle, Bhagalpur and the Chief Engineer, Water Resources Department, Bhagalpur (Bihar) by their Jharkhand counterpart on the question of supply of Detail Project Report (DPR 1970-75) and Investigation Report (IR) of Chandan High Level Canal in order to prepare plans for ensuring reach of water under the Chandan High Level Dam to the area falling in Jharkhand such as District of Godda. Another correspondence dated 20th October 2017 is in the nature of reply to VIP reference of the Hon’ble M.P., Lok Sabha on the pending irrigation project i.e. the petitioner herein. The report enclosed thereto however does not clear the air in relation to supply of the DPR and IR though according to the respondents, the renovation of Triveni, South Harna and North Harna weirs in the 70 km. long canal in Jharkhand is in progress. The DPR for renovation of Kajhia weir had been prepared and was under check. After completion of the aforesaid works 12288 hectare of land in Godda can be irrigated. This affidavit is read in conjunction of the previous affidavit of the respondent nos.4 to 7 - authorities of the State of Jharkhand taken note of in our previous order dated 3rd January 2018. From these two affidavits it is clear that repairs of the weirs falling in the State of Jharkhand were necessary to be undertaken and are perhaps in the process of being executed for the purposes of ensuring flow of water from the Chandan High Level Dam in the areas in Jharkhand through the canal system. 2. These correspondences, of course, were not undertaken at the departmental level with their counterpart, but in compliance of our previous order, the State of Bihar has filed an affidavit on 6th February 2018 which more or less clears the air about their part of responsibility to maintain and repair the Chandan High Level Dam and the canal system falling in their territory. According to them, this High Level Canal was completed in 1976-77 and falls within the administrative control of State of Bihar after bifurcation of the State. The height of the dam is 40.25 Meter and its length is 1555 Meter. Its live storage was 136 Metric Cubic Meter (MCM). Chandan High Level Canal (CHLC) has taken off from the right bank of Chandan Dam. It is a contour canal having a design discharge of 360 cusec and length 105 K.M. out of which 42.29 K.M. falls in the Banka district and the rest in the State of Jharkhand. It is an Inter-State Project. CHLC is designed to feed water to six pick-up-weirs i.e. Sukhania, Dakai, Triveni, Kajhia, Harna North and Harna South. Out of these six weirs only two weirs Sukhania at Ch.724 of High Level Canal and Dakai at Ch.1134 fall in Bihar State, rest fall in the State of Jharkhand. Due to the heavy floods in 1995, Sukhania Weir and Dakai Weir and some structures got badly damaged and since then irrigation for crops during Rabi and Kharif was totally stopped. In the interest of the farmers, the Government of Bihar has sanctioned a scheme of Rs. 5732.55 lacs on 20th February 2017 to restore/renovate the Sukhania weir and Dakai weir and other damaged structures which include restoration of canal system to make it functional. The work is in progress and is expected to be completed by August 2019. These two weirs will be fully functional from its completion date 20th August 2019. All necessary steps are therefore taken to restore Sukhania Weir, Dakai Weir and their distribution system by the State of Bihar to ensure irrigation from Chandan High Level Dam. 3. Learned standing counsel for the State of Bihar Mr. S.P. Roy has made it clear that it was only due to damage of these two weirs and the canal system, that discharge of water from Chandan High Level Dam could not be undertaken earlier. There is no issue in relation to the discharge of water once these two weirs are complete. Once the discharge of water takes place after their renovation, the riparian State of Jharkhand is bound to receive the flow of water from the Chandan High Level Canal system. It can be used for irrigation purpose in the areas in Jharkhand where the canal system works. 4. Once the discharge of water takes place after their renovation, the riparian State of Jharkhand is bound to receive the flow of water from the Chandan High Level Canal system. It can be used for irrigation purpose in the areas in Jharkhand where the canal system works. 4. Learned Advocate General representing the State of Jharkhand has taken note of the stand of the State of Bihar and submissions of learned standing counsel representing them. He submits that necessary repairs to the four weirs falling in the State of Jharkhand are already in progress and would be completed as expeditiously as possible to ensure the benefit of the Chandan Reservoir in Godda district and areas in the State of Jharkhand through which the canal system goes. 5. On consideration of the stands of both the States, as noted above, we can safely assume that there is no issue relating to the discharge of water from the Chandan High Level Canal system between either of the two States. It is only a question of repair of the canal system of which two weirs fall in the State of Bihar and rest four weirs in the State of Jharkhand. The farmers of both the sides must be immensely suffering on this account. It is, therefore, in the interest of the farmers and public of both the States i.e. State of Bihar and Jharkhand expedite the process of repair and renovation of weirs and the canal system in their respective States as early as possible. We, however, do not intend to dispose of the writ petition at this stage. We adjourn it for six months so that the progress in the repair of the canal system by both the States can be shown after six months. Let the status report of the progress of the work be filed before the next date fixed on behalf of the State of Bihar as well as the State of Jharkhand.