Uttarakhand High Court
Rishipal Singh And Others vs State Of Uttarakhand And Others on 22 March, 2017
Author: Alok Singh
Bench: K.M. Joseph, Alok Singh
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (PIL) No. 116 of 2016
Rishipal Singh and others ......Petitioners.
Versus
State of Uttarakhand and others ...... Respondents.
Present:
Mr. S.K. Mandal, Advocate for the petitioners.
Mr. Pradeep Joshi, Standing Counsel for the State of Uttarakhand / respondents.
JUDGMENT
Coram: Hon'ble K.M. Joseph, C.J.
Hon'ble Alok Singh, J.
Dated: 22nd March, 2017 K.M. JOSEPH, C.J. (Oral) This PIL is filed seeking the following reliefs :-
"I. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to remove the encroachment from the Gool (water channel), recorded in the revenue record of Village Balkheda, Motiyapura, Sarovar Nagar, Maseet and Fatehganj, Tehsil Gadrapur, District Udham Singh Nagar recorded as class-6 (1), non- agricultural water logged land situated in the aforesaid villages and restore its original position, as expedite as possible as earlier (contained in Annexure No. 1, 2, 4, 6, 7 of the writ petition).
II. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to make the bridge (pulia) for proper passes of the water of village Fatehganj, Sarovar Nagar, Maseet and Balkheda in the link road constructed by the respondents from N.H.74 Fatehganj to Kuankheda".
Briefly put, the case of the petitioners is as follows:-
There is illegal encroachment from the water channel (gool) from village Balkheda, Motiyapura, Sarovar Nagar, Maseet and Fatehganj, Tehsil Gadarpur, District Udham Singh Nagar. It is stated that work was being carried out by the Public Works Department for constructing the road from village Fatehganj to Kuankheda which is about 2 kms. from the National Highway 74. It is complained that Public Works Department has not constructed any water passes bridge (pulia). The water channel was also blocked. There were four Hume pipes for free flow of water but out of four, three Hume pipes have been closed due to soil and other construction material. There is water logging in the agricultural fields of village Sarovarnagar, Maseet, Fatehganj, Kuankheda and Balkheda. Due to water logging, more than 100 acres of paddy crops have been destroyed as there is no proper passes of water. It is submitted that petitioners and other villagers submitted an application to the Sub Divisional Officer, Gadarpur. There is a direction given by the Sub Divisional Officer, Gadarpur but Public Works Department has not put proper bridge (pulia) in place of Hume pipe. Petitioners have also produced photographs in this connection.
Case of the petitioners appears to be that due to water logging, there is destruction of crops. In particular, we take notice of the stand taken by respondent No. 4, Superintendent Engineer, Public Works Department, Circle Rudrapur, District Udham Singh Nagar in his counter affidavit. Therein, it is, inter alia, stated as follows:-
"3. That it is submitted that, from the perusal of the Annexure to the writ petition, that the actual problem of the petitioners along with other villagers seems to be the blockage / obstructions created in the proper drainage of water, due to which there has been water logging and the standing crops of the villagers have been ruined due to such water logging. It is stated that, in the representations, the villagers have alleged that the Hume pipes which had been placed earlier for drainage of water have been removed by some persons and the villagers have requested for construction of culverts (pulia) over the drain, for proper drainage of water. It has also been alleged by the villagers, during the construction of the road from N.H.74 to Kuankheda instead of proper Hume pipes, small pipes have been laid which are not serving the purpose, leading to water logging.
6. That in reply to the contents of para 14 of the writ petition it is admitted that a road of a total length of 2.325 Kms at a cost of Rs.135.94 lacs has been sanctioned vide Government Order dated 29.02.2016, to be constructed in Gadarpur Block of District Udham Singh Nagar, from N.H. 74 to the tail of the Fatehganj Irrigation Canal i.e. Maseet - Sakainia road. A copy of the Government Order dated 29.02.2016 is being annexed herewith and marked as Annexure-C.A.-1.
7. That the contents of para 15 of the writ petition are not admitted in the manner stated. In reply thereto it is submitted that answering respondent i.e. Public Works Department is constructing metalled road over the non metal path (Kachcha Rasta) parallel to Fatheganj Irrigation Canal. It is relevant to state here that prior to the construction of the aforesaid road, as per the drainage scheme of the Irrigation Department, in the total length of 2.325 Kms. of the road, at 5 spots the water from the Irrigation Canal was made to cross the path to enter the agricultural fields on the other side. The copy of a sketch map showing the erstwhile position is being annexed herewith and marked as Annexure C.A.2. It is pertinent to state here that at the spot no.1, due to widening of the National Highway N.H.74, the existing Hume pipe is blocked. It is stated that at the spot no.2, after a conference with the office of the respondent no.5, the existing Hume pipe (450 mm) has been exchanged with a 600 mm Hume pipe, in accordance with the downstream Irrigation drain. It is stated that at spot no.3, though there was no Hume pipe existing earlier, the new Hume Pipe of 300 mm diameter has been laid, in accordance with the drainage capacity of downstream drainage. At spot no.4, the existing 300 mm Hume pipe has been considered to be sufficient due to the existence of 300 mm vide masonry drain. At spot no. 5, a 600 mm Hume pipe is already in existence and the same has been retained as it is as per the requirement.
It is further stated that at 1617 meter chainage there is a proposal to construct a R.C.C. culvert of 3 meter span for crossing the canal. It is further stated that apart from the aforesaid 5 points, on the request of the villagers, 19 other Hume pipes of 300 mm diameter had been laid at various points for proper drainage and connection to the Irrigation canal. The copies of chainage wise details of Hume pipes and the representation of the villagers are being annexed herewith and marked as Annexure C.A.-3 & C.A.4 respectively. It is pertinent to submit here that due to the Irrigation Canal running parallel to the road the Hume pipes have been provided proper drainage, as per sanction. The copy of the sketch showing the latest situation is being annexed herewith and marked as Annexure C.A.-5."
We heard Sri S.K. Mandal, learned counsel for the petitioners and Sri Pradeep Joshi, learned Standing Counsel for the State / respondents.
After taking us through the counter affidavit filed by respondent No.4, Superintendent Engineer, Public Works Department, the remaining complaint of the petitioners appears to be that there is no construction of culvert which is being promised. Learned Standing Counsel submits that culvert mentioned in the counter affidavit will be constructed at the earliest.
We record the submission and direct that culvert should be constructed within a period of three months from today.
Writ petition is disposed of accordingly.
(Alok Singh, J.) (K.M. Joseph, C. J.)
22.03.2017 22.03.2017
Shiv