Jammu & Kashmir High Court - Srinagar Bench
Villagers Of Mushkoo Kargil And Others vs State Of J&K And Others on 24 August, 2020
Author: Chief Justice
Bench: Chief Justice
1
S. No. 201
Advance List
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
OWP No. 517/2007
CM No. 914/2007
(Through Video Conferencing)
Villagers of Mushkoo Kargil and others
.... Petitioners
Through: None.
v.
State of J&K and others
.... Respondents
Through: None.
CORAM:
HON'BLE THE CHIEF JUSTICE
ORDER
24.08.2020
1. There is no appearance of the parties when the matter is called out.
2. There was no appearance on behalf of petitioners after 17.10.2019 or on 27.11.2019 even though the particulars of the case including cause title and name of counsel is correctly disclosed.
3. On 27th of October, 2019, I had noted the factual matrix in detail and for expediency this order is extracted hereunder:
"01. This writ petition was filed by the petitioners in the year 2007 seeking quashing of a judgement dated 3rd July, 2007 of the Financial Commissioner passed in File No. 441/FC-AP, whereby the residents of the village Holyal were allowed to be impleaded as party and the PHE Department was allowed to proceed with the completion of construction in connection with the Swajal Dharma Water Supply.
02. The petitioners prayed that the reference of the Settlement Commissioner be accepted in its totality.
03. An inter order dated 19th July, 2007 was passed, whereby the impugned order insofar as it relates to the direction to the Deputy Commissioner, Kargil to resolve the issue within a month was stayed.SYED TASADUQ QADRI 2020.08.28 12:08 I attest to the accuracy and integrity of this document 2
04. Reply stands filed by respondents 1 to 6 on 05thj February, 2011 (Page 45) wherein it is stated, inter-alia, as follows:
'That the petitioners have not approached with clean hands, they have not only tried to mislead the Hon'ble Court by misrepresentation of facts, but have also concealed and suppressed material facts from the Hon'ble Court, which is sufficient ground for dismissal of the writ petition in limine with costs. That none of the fundamental, constitutional, legal or any statutory rights of the petitioners stand violated or infringed by the respondents, as such writ petition is without any merits and substance, therefore liable to be dismissed in limine.
It is submitted that the work on water supply scheme Murdabagh was started in 11/2004 and up to 12.08.2005 85% of the work of the scheme was completed. During this period no one complained to any authority about the scheme.
It is pertinent to mention over here that there are two major facts involved in the case i) it is fact that the right of irrigation water of village Murdabagh, Holiyal and Mushkoo depends on the water of Nallah Tengai. The canal of Holiyal and Mushkoo are common and starts from the top of the Nallah and the canals of Mushkoo are situated down the canal of Holiyal and Murdabagh at a distance of about one km. The water of common canal of Holiyal and Murdabagh are used at the ratio of ½ by the villagers during day time and time is fixed. During nigh the right over water is enjoyed by villagers of Murdabagh only ii) The villagers of Murdabagh have problem of scarcity of drinking water especially during winter months. The Village is situated in between two rivers, namely Marpochoo and Mushkoo River. But the village is situated at the height of about 300 m feet. During winter, when there is heavy snowfall, the people face great hardships in getting their water from the rivers. Presently pumping water supply scheme is provided but due to lack of ground water, it also failed. Water is being provided through tankers by PHE, but in winter, it is also impossible to continue due to heavy snowfall besides heavy recurring financial implications. At present a water supply scheme from village Holiyal, is functioning, the source of this water supply comes from two springs situated above the common irrigation canal of Holiyal and Murdabagh, but people of Murdabagh never objected to it. The water of these springs connects with the common canal water of Holiyal and Murdabagh. It is worthwhile to submit here that the respondents are duty bound to ensure that the problem on account of drinking water faced by the people in any part of District Kargil is taken care of and it would not only be in the interest of administration, but indeed in the best interest of public if the SYED TASADUQ QADRI people of Murdabagh are allowed to tap the water from the 2020.08.28 12:08 I attest to the accuracy and integrity of this document 3 proposed spring and not from the main Nallah Tengai. However, whenever, there is normal snowfall in the area and people may not face shortage of water for irrigation the water supply can be continued round the year and in case of any apprehension of shortage of water for irrigation [due to limited snowfall the water supply can be allowed from 15th October to ending April such year.'
5. Reply by respondents 1 to 6 stands adopted by the respondent No. 7 as noted in the order dated 21st September, 2011.
6. The respondents cannot dispute that this Court does not have the expertise to decide the optimum source of water supply to the villagers of Mushkoo and Murdabagh, Drass, Kargil.
7. Report in terms of para 8 of the order dated 17.10.2019 has not been received from the Deputy Commissioner Kargil. Registry shall send copy of this order as well as copy of order dated 17.10.2019 to the Deputy Commissioner, Kargil, who shall file report in this regard on or before the next date of hearing."
4. It is noteworthy that Water supply scheme to villagers of Mushkoo, Murdabagh, Drass and Kargil would be long over.
5. More than 13 years have passed since the filing of this writ petition. It would appear that the petitioners have lost interest in prosecution of this writ petition. Even otherwise, there does not seem to be any merit in the instant writ petition in view of the reply filed by the respondents.
6. The writ petition is dismissed along with connected CM.
(GITA MITTAL) CHIEF JUSTICE SRINAGAR 24.08.2020 TASADUQ SAB:
SYED TASADUQ QADRI 2020.08.28 12:08 I attest to the accuracy and integrity of this document