Hikim Chandra Mahto v. State of Jharkhand through its Chief Secretary
2023-02-17
APARESH KUMAR SINGH, DEEPAK ROSHAN
body2023
DigiLaw.ai
JUDGMENT : DEEPAK ROSHAN, J. 1. Heard learned counsel for the parties. 2. Matter relates to timely completion of Subarnrekha Multipurpose River valley Project, Chandil. During the pendency of this PIL, several affidavits have been filed from time to time. When the matter was taken up on 23.12.2022, following order was passed. The matter has been taken up after a long time i.e., November 2015. The writ petition was preferred with an objective to ensure that the Subarnrekha Multipurpose Project, Chandil which was commenced in March 1977 and yet not completed in all phases, be completed within a time frame. The other grievance which appears to have been raised by the writ petitioner have been taken note in the order dated 07.02.2014 regarding the rehabilitation of displaced persons. It appears that no such list of persons were provided by the petitioner of the affected families in the two phases in respect of which rehabilitation was done. However, learned counsel for the petitioner submits today that the issue relating to rehabilitation may be individual specific, who have a remedy before the concerned authority or appropriate forum. Therefore, this Court may confine the prayer of the writ petition only to the expeditious completion of the project. Learned counsel for the State, A.A.G-I Mrs. Darshana Poddar Mishra seeks time to obtain the latest status of the project and also the expected time line within which the project is likely to be completed. Let an Affidavit be filed within 4 weeks. Matter be listed in the week of 06.02.2023. 3. Thereafter, supplementary counter affidavit has been filed by the Respondents on 15.02.2023. Learned A.A.G-I submits that it has been conveyed by the Respondents that the delay in completion of canal and distribution system is primarily due to delay in the land acquisition process. Respondents have indicated that all efforts have been made to accelerate the progress and complete the project by the end of March 2026. Since it is an ongoing process and involves not only land acquisition proceeding, but construction activity and rehabilitation of displaced persons also, the writ petition may be disposed of as the Respondents are themselves conscious of completing the project in a time bound manner. 4. Learned counsel for the petitioner submits that given the stand of the Respondents in their latest supplementary affidavit, the writ petition can be disposed of in that light. 5.
4. Learned counsel for the petitioner submits that given the stand of the Respondents in their latest supplementary affidavit, the writ petition can be disposed of in that light. 5. We have considered the submissions of learned counsel for the parties and taken note of the latest stand of the Respondents reflected in their supplementary affidavit dated 15.02.2023. For easy reference, relevant paragraph of the affidavit is extracted hereunder: 7. That it is humbly stated and submitted that the Subarnarekha Multipurpose Project is an inter-state project benefiting the States of Jharkhand, Orissa and West Bengal. It aims at integrated development of Subarnarekha Basin by harnessing the water resources potential of river Subarnarekha. 8. That it is humbly stated and submitted that the scheme was originally accepted by TAC during 1982 for an estimated cost of Rs. 480.90 crore. The estimated cost was revised time to time and as per 6th revised cost of project on Price Level 2017 has been approved by CWC, New Delhi vide letter no. 447-56 dated 06.09.2019 for Rs. 14949.78 Cr (For Jharkhand State Rs. 7579.58 Cr). 9. That it is humbly stated and submitted that the main reason which delayed the required progress of the project is the land acquisition which is delaying the construction of Canal and distribution system. 10. That it is humbly stated and submitted that the target for the completion of the project will have to be extended, although all efforts are being made to accelerate the progress and complete the project by the end of March 2026. 11. That it is humbly stated and submitted that a total number of 19115 families have been identified as a displaced from 116 affected villages from Chandil Dam and 7500 families from 87 villages have been identified as displaced from ICHA Dam. As per Rehabilitation Policy 2012, 14400 families and 2391 families have been issued Vikash Pustika from Chandil dam and Ichaq Dam respectively. The balance rehabilitation work is in progress and the expected time for completion is March 2026. 6. From perusal of the statements made in the supplementary affidavit and submission of learned counsel for the State, it appears that the project involves not only construction of canal and distribution system, but acquisition of land and rehabilitation of displaced persons and other ancillary works.
6. From perusal of the statements made in the supplementary affidavit and submission of learned counsel for the State, it appears that the project involves not only construction of canal and distribution system, but acquisition of land and rehabilitation of displaced persons and other ancillary works. Respondents have indicated that all efforts are being made to accelerate the progress and complete the project by the end of March 2026. Taking note of their stand, we do not consider it necessary to pass any further direction in the matter. Accordingly, writ petition is disposed of.