ORDER Yadav, J. -- 1. Petitioners, agriculturists, resident of Village Baroua, District Gwalior vide this public interest litigation take exception to a Communication No. 22(A)249-11/MPS/31/1899, Bhopal dated 9.10.2017; whereby, the State of Madhya Pradesh, Water Resources Department through its Deputy Secretary, informs the Chief Engineer, Water Resources Department, Bhopal, granting in principle sanction for rehabilitation of 179 families of Village Pura Hatharia (Gadal Ka Pura) displaced due to construction of Asan Barrage in District Morena, by rehabilitating them by taking over the Tighra Dam canal, on the anvil that the canal is not in use for over 30 years. The communication is reproduced below for ready reference: ^^e/; Áns'k 'kklu] ty lalk/ku foHkkx] Hkksiky i= Øekad ¼1½ 249&1@,eŒihŒ Hkksiky@31@1899 fnukad 9-10-2017 Áfr] Áeq[k vfHk;ark] ty lalk/ku foHkkx] Hkksiky fo"k;%& eqjSuk ftys esa fuekZ.kk/khu vklu cSjkt ds Mwc {ks= ls ÁHkkfor xzke iqjk gFkfj;k ¼xnky dk iqjk½ ds foLFkkiu gsrq Xokfy;j ,oa eqjSuk ftys esa fLFkr foHkkxh; Hkwfe ij iqucZlkgV dh vuqefr Ánku djus ckcr~A lanHkZ%& 1- vkidh ,dy uLrh Øekad 333@2819@vklu ifjŒ tkSjk eqjSuk@2017@957@ ÁŒvŒ@17 fnukad 8-9-2017 2- eq[; vfHk;ark] ;equk dNkj] Xokfy;j dk i= Øekad 180@dk@vklu cSjkt@eqŒvŒ Xokfy;kj@17 fnukad 1-8-2017 fo"k;kUrxZr lanHkZ Øekad&2 ls eq[; vfHk;ark] ;equk dNkj] Xokfy;j }kjk eqjSuk ftys esa fuekZ.kkËkhu vklu cSjkt ds Mwc {ks= esa xzke iqjk gFkfj;k ¼xnky dk iqjk½ ds ÁHkkfor 179 ifjokjksa dks Xokfy;j ,oa eqjSuk ftys esa fLFkr fr?kjk ckaËk dh ugj Á.kkyh ds fy;s vf/kx`ghr Hkwfe tks foxr 30 o"kksZ ls ugj lapkyu u gksus ls foHkkx ds fy, vuqi;ksxh gS ij foLFkkiu fd;s tkus dk ÁLrko fn;k x;k gSA 2- mDr ds ifjÁs{; esa ÁHkkfor 179 ifjokjksa dks fr?kjk cka/k ugj Á.kkyh dh eqjSuk ,oa Xokfy;j ftys esa fLFkr foHkkx ds fy, vuqi;ksxh Hkwfe ij foLFkkfir djus dh lSs)kafrd vuqefr Ánku dh tkrh gSA 3- foLFkkiu iwoZ Vkmu ,.M dUVªh Iykfuax@uxj fuxe ls oS/kkfud Lohd`fr;ka ÁkIr dh tkosaA 4- foLFkkfirksa ls 150 oxZ ehVj IykV lkbt ds fy, lgefr ÁkIr dh tkosA ¼OghŒ,lŒ Vsdke½ mi&lfpoA** 2. It is urged that canal in question was never out of use, but because of the drought in last few years in Gwalior region, the canal was not in use because the Tighra Dam which feeds the canal got dried up. It is urged that canal was constructed in the year 1947 from Tighra to Banmore via Baroua and have command irrigation area of thousands of hectares. It is urged that canal was constructed in the year 1947 from Tighra to Banmore via Baroua and have command irrigation area of thousands of hectares. It is urged that the canal is in constant use for supplying water to Gwalior city to cater its need for drinking water. It is urged that factual position is wrongly narrated by the personnel of Water Resources Department. As a result whereof, the impugned communication is entered into. 3. The State of Madhya Pradesh and its functionaries were called upon to respond to the concern expressed by the petitioners. 4. The State filed its return on 20.11.2018 supported by an affidavit of one O. P. Gupta, Executive Engineer, Water Resources Department, Jaura, Morena stating therein that in Tahsil Sumaoli, District Morena as Barrage: Asan Barrage is being constructed by acquiring land. For that, land at village Pura Hatharia is acquired affecting 179 families of said village. It is urged that after passing of award, the compensation is paid and since it is obligatory under section 32 of the Land Acquisition, Rehabilitation and Resettlement Act 2013 to rehabilitate displaced persons, 179 displaced families are to be rehabilitated. It is urged that the decision to that effect is taken by Chief Engineer, Yamuna Kachar, Water Resources Department, Bhopal which is communicated on 9.2.2018. It is contended that for rehabili-tation over the area of canal in question, the permission has been granted by the local authorities, i.e., the Municipal Corporation, Gwalior and the respective Gram Panchayats. It is urged that after assigning the agency, construction work is under process. It is further contended that earlier in Writ Petition No. 902/2008 decided on 23.1.2013, looking to the need to meet out the water scarcity in Gwalior city, it was directed that the water be not released for irrigation purpose. 5. However, pertinent it is to note that the said order was of an interim nature till next date. And said writ petition has been finally decided on 2.2.2018. However, the use of canal is not restricted for drinking water. 6. Be that as it may. It is further contended that since land in question is reserved for larger public interest i.e., rehabilitation of displaced persons, the present Writ Petition does not cater the public interest, and therefore, be dismissed. 7. However, the use of canal is not restricted for drinking water. 6. Be that as it may. It is further contended that since land in question is reserved for larger public interest i.e., rehabilitation of displaced persons, the present Writ Petition does not cater the public interest, and therefore, be dismissed. 7. Pertinent it is to note that along-with the return, communication dated 6.1.2018 is filed; whereby, the Joint Director, Town and Country Planning, Gwalior informed the Executive Engineer, Water Resources Department Jaura that the use of land in question cannot be diverted. The communication which is self-explanatory is reproduced below for ready reference: ^^dk;kZy; l;aqDr lapkyd uxj rFkk xzke fuos'k Xokfy;j ¼eŒÁŒ½ Øekad@45@,e&1575@uxzkfu@ fnukad 6-1-2018 2018 Hkksiky] Áfr] dk;Zikyu ;a=h ty lalk/ku laHkkx tkSjk ftyk&eqjSuk ¼eŒÁŒ½ fo"k;% eqjSuk ftys esa fuekZ.kk/khu vklu cSjkt ds Mwc {ks= ls ÁHkkfor xzkeiqjk gFkfj;k ¼xnky dk iqjk½ ds foLFkkiu gsrq xzke cjkSvk uwjkckn ftyk Xokfy;j fLFkr foHkkxh; Hkwfe ij iqucZlkgV dh vuqefr Ánku djus ckcr~A lanHkZ% vkidk i= Øekad 40@vklu cSjkt@iquZokl@2018 tkSjk fnukad 5-1-2018A mijksDr fo"k;kUrXkZr lanfHkZr i= ds vuqØe esa ys[k gS fd xzke cjkSvk uwjkckn eŒÁŒ uxj rFkk xzke fuos'k vf/kfu;e 1973 dh /kkjk 13 ds rgr vf/klwfpr Xokfy;j fuos'k {ks= esa lEefyr gSA ftldh fodkl ;kstuk 2021 eŒÁŒ 'kklu }kjk vfËkfu;e dh /kkjk 19¼4½ ds v/khu vuqeksfnr dh tkdj /kkjk 19¼5½ ds vuqlkj vf/klwpuk ds eŒÁŒ jkti= esa Ádk'ku fnukad 12-9-2014 ls ÁHkko'khy gSA vuqeksfnr fodkl ;kstuk ds vuqlkj xzke cjkSvk uwjkckn dh vkids }kjk ÁLrkfor losZ Øekadksa dh Hkwfe ds mi;ksx fuEukuqlkj ÁLrkfor gS %& ¼1½ losZ Øekad 269 ls 271 & gfjr {ks= fodkl ¼2½ losZ Øekad 336 ls 338 & gfjr {ks= ,oa 80 ehŒ ck;ikl ekxZ ¼3½ losZ Øekad 442] 443] 445 & vkS|ksfxd ,oa daVsuj fMiks ,oa 667 ls 669 vuqeksfnr fodkl ;kstuk esa ÁLrkfor bu mi;ksxksa ds varxZr vkoklh; fodkl Lohdkj ugha gksus ls vf/kfu;e dh /kkjk 27 ds rgr vkidh ifj;kstuk ds fØ;kUo;u ds fy, vukifRr fn;k tkuk laHko ugha gSA bl fu.kZ; ls vlger gksus dh n'kk esa vfËkfu;e dh /kkjk 27¼2½ ¼f}rh;½ ds rgr Áeq[k lfpo uxjh; fodkl ,oa vkokl dks vkids }kjk vuqjksËk fd;k tk ldrk gSA la;qDr lapkyd uxj rFkk xzke fuos'k Xokfy;j ¼eŒÁŒ½A** 8. In order to have clear status as regard to canal in question, the parties were directed to bring on record relevant documents to establish the area for irrigation covered by it for agricultural/irrigation (command area). The State was specifically directed to file documents relating to the decision taken by the State to close the canal for rehabilitation and no-objection, if any, given by the Town and Country Planning as to change in land use. 9. On 15.3.2019, the State filed the compliance report in terms of order dated 5.2.2019 wherein, while adverting to the issue whether Town and Country Planning has granted the permission and whether the State Government has approved the plan of rehabilitation at canal site, it was stated that the permission for using the canal land for rehabilitation is pending consideration before the State Government. In other words, it is fairly submitted that neither the State Government nor the Town and Country Planning accorded sanction for change in land use and for rehabilitation for Asan Barrage displaced persons at canal site. As regard to the area of irrigation the canal covers, it is stated that, the total command area of canal is 2084 hectares. 10. Though it is also stated that use of canal from last 30 years in comparison to its command area is negligible. And, that as per data available, the use of the canal is primarily at the area which is near the intersecting dam which is a head reach of the said canal. It is urged that proposed rehabilitation is at the tail end of the canal which is not in use for over 30 years. 11. This stand of State is, however, vehemently contradicted by the petitioners. It is stated that the head of canal in question is Tighra and the tail is at Banmore Village, District Morena; whereas the proposed rehabilitation is 3 kms ahead the tail. It is further conten-ded on the basis of document on record that in the year 2012-2013, the canal catered irrigation need of over 1004.00 hectares. 12. Further report is filed by the State of Madhya Pradesh and its functionaries on 7.5.2019 wherein it is stated that the development work which has been undertaken relates to leveling, road laying, laying of water and sewer lines and the process of allotment. It is further contended that the canal is filled from Tighra through sluice gate. 12. Further report is filed by the State of Madhya Pradesh and its functionaries on 7.5.2019 wherein it is stated that the development work which has been undertaken relates to leveling, road laying, laying of water and sewer lines and the process of allotment. It is further contended that the canal is filled from Tighra through sluice gate. That, during rainy season, the water which overflows from Tighra goes into near river Saank; therefore, even if the canal is dismantled, the irrigation is not adversely affected as the farmers have personal sources of irrigation. 13. These contentions reflect the insensitivity of the functionaries of Water Resources Department who it appears that without there being a sanction from competent authority, i.e., the State and the Town and Country Planning for rehabilita-tion and change in land use of the canal which caters irrigation need over a command area of 2084 hectares, are bent upon to dismantle the canal which is still serving the purpose. It is a riddle as how the authorities of Water Resour-ces Department without sanction from the State and Town and Country Planning has taken recourse to allotment of land and carry out development work. The functionaries of the Water Resources Department are bound by rule of law and are not supposed to act as per their whims and caprice. Thus, the apprehension raised by the petitioners as to the illegality committed by the State functionaries of inactivating the canal is established. Evidently, if without any sanction/diversion of land use from canal for residential purpose, the alleged develop-ment work is undertaken by the functiona-ries of the Water Resources Department, it is in our considered opinion, a drain on public exchequer which calls for an in-depth inquiry by the Engineer-in-Chief, Water Resources Department as to conduct of respective officials who have permitted such development work at the cost of public exchequer. 14. In view whereof, since clear it is from the communication dated 16.1.2018 by the Town and Country Planning that under the Development Scheme 2021 (Master Plan), the change in land use of the canal in question is not permissible, the respondents are prohibited from to use canal for any other purpose than the irrigation and for supply of drinking water (which it is informed that drinking water is being supplied through pipelines) from Tighra dam. 15. 15. The Engineer-in-Chief, Water Resources Department, is directed to cause an inquiry and fix the liability/accountability on the officers found responsible for carrying out allotment of land and of undertaking development work. The same be done within three months from the date of communication of this order. The compliance be reported. No costs. 16. The petition is finally disposed of in above terms. However, for reporting compliance, the matter be posted in the week commencing 3rd September, 2019.