Madhya Pradesh High Court
Vishvanath Sharma Soubharri vs The State Of Madhya Pradesh on 17 June, 2014
W.P.No.8819/2013 (PIL) 1
Vishvanath Sharma Soubharri Vs. State of M.P. & Ors.
17.6.2014
Shri B.M.Patel, Advocate for the petitioner.
Shri Vivek Khedkar, Dy.Advocate General for
respondents/State.
Heard.
The grievance of the petitioner in this PIL is that there is a water logging at the adjacent area of a pond constructed at village Birakhari, Tahsil Gohad, District Bhind. It is further pleaded that there is no proper system to drainage water of the pond, hence, the water used to get accumulated nearby the field, due to which the land comprising 350-400 bigha turned to baron. The local administration has not taken any step to provide proper drainage to the water coming out from the pond.
In the return, the respondents pleaded that a tank was constructed before independence for the purpose of bed cultivation. The area under submergence of the tank is about 43 hectares. The sluice at higher level passes water into the local nalla and when level of water reduces in the tank, the second sluice comes into operation and down stream water of the tank passes into the local nalla through a trench constructed at the time of construction of tank. There is proper trench at both the sluices for the purposes of drainage of extra water to a nalla. Some farmers had purchased the land at down stream of the tank and they used to object drainage of water and there is dispute between the W.P.No.8819/2013 (PIL) 2 farmers whose lands are at down stream, hence, extra water of the dam could not be drainaged and due to the individual fight between the farmers the problem has arisen.
From the facts of the case, it is clear that it is an obligation of the Irrigation Department and district authorities to provide proper drainage for extra water of the dam so there could not be water logging in the adjacent area. May be there is some dispute between the farmers, however, the Collector has ample powers to resolve the dispute under the provisions of M.P.Land Revenue Code, 1959.
In this view of the matter, this PIL is disposed of with the direction to the Collector District Bhind to take appropriate steps so there could not be water logging at the adjacent area of a pond constructed at village Birakhari, Tahsil Gohad, District Bhind. The authority shall take appropriate steps to provide drainage so the excess water of the tank could be diverted in a nearby nalla. The Collector shall look after the matter and take necessary steps in this regard within a period of six weeks from the date of receipt of copy of the order.
No order as to costs.
(S.K. Gangele) (S.K.Palo)
Judge Judge
SP