Rajasthan High Court - Jodhpur
Vikram Ahuja & Ors. vs . State Of Rajasthan & Ors. on 13 January, 2015
Bench: Gopal Krishan Vyas, Jaishree Thakur
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:::
D.B. Civil Writ Petition [PIL] No.1068/1999
Vikram Ahuja & Ors. Vs. State of Rajasthan & Ors.
Date of order: 13.01.2015
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
HON'BLE MS. JUSTICE JAISHREE THAKUR Mr. V.K. Agarwal, for the petitioners. Mr. K.L. Thaur, Addl. Advocate General, for the respondents-State.
<><><> The instant Petition was filed in public interest by the petitioners in the year 1999 in which following prayers were made:
"a) to restore the reparation of the cracks and conversion of single title lining into double title lining alongwith the LDPE film reinforced with non-woven geotextile bonds immediately on a time-bound basis as suggested by Mr. B.D. Bithu vide Annexure-14;
b) to cut off the water flow from IGNP area from the present 5.23 cusecs per thousand acres to a reasonable 3.00 cusecs per thousand acres on the time bond basis;
c) to implement the WEPCO Project formulated with the systems of World Bank in 1993 and to construct drainage systems on the top-soil and sub-soil through out the length of IGNP and Bhakhara Project on the time-bound basis;
d) to stop direct outlets from the irrigation channels;
e) to constitute a committee of expert irrigation engineers and technocrats as has been done by the State of Punjab vide Annexure-17 to suggest short-term and long-2
term measures to deal with the water logging problem and such committee may be given a time-bound direction to submit its report within a particular frame of time and the State Government may also be given direction to implement such directions on a time bound basis.
f) That a Committee of Secretary (Finance), Legislature of the water logged affected areas, the Collectors of the respective Districts of Shri Gagnanagar, Hanumangarh and the Secretary, Irrigation may be formulated to provide compensation to the agriculturists and residents who have suffered losses on account of defective and inefficient irrigation works.
g) cost of litigation may also be granted.
h) any other relidf which this Hon'ble High Court may deem fit and proper may also be granted."
After issuance of notice, a detailed reply was filed by the respondents submitting that the respondents are earnestly and honestly putting their ardent constant sincere efforts or steps to control and check the water logging situation in the interest of the public at large. It was also stated that the respondents have taken the objective and effective steps and shall take active and objective steps in future. Further, it is stated in the reply that the present writ petition has not been in public interest, therefore, petitioner is not maintainable in the 3 present form and otherwise also not maintainable.
After considering the reply filed by the respondents, on 20.11.2003the Division Bench of this Court issued the direction to the State Government to constitute a committee of experts which should survey the areas to Indira Gandhi Nahar Pariyojana and shall also suggest the measures to over come the problem within a period of one month.
In compliance of the order passed by this Court, following written submissions were filed in the court on 15.3.2004, which reads as under:
"1. That the petitioners have filed the writ petition with the prayer that the repairs to the cracks and conversion of single tile lining into double tile lining be ordered on time bound programme basis. So also, it was prayed that a Committee of expert Irrigation Engineers be constituted to suggest short term and long term measures to deal with the water logging problem etc.
2. That in this respect this Hon'ble High Court passed an order on 04.02.2004 for constituting a Committee. In compliance to the order passed by this Hon'ble Court, a Committee consisting of following persons has been constituted by the Government of Rajasthan:-
1. Chief Engineer Irrigation (North), Hanumangarh- Chairman.
2. Chief Engineer, IGNP, Bikaner/Member.
3. Chief Engineer, CAD, IGNP, Bikaner/Member
4. Sh. Darshan Singh, Chief Engineer (Retd.)- 4
Member
5. The Director ID & R Rajasthan, Jaipur (Representation of Chief Engineer ID&R Raj., Jaipur)- Member.
6. The Superintending Engineer, Suratgarh Circle Civil, Hanumangarh- Member Secretary.
3. That the committee has been constituted to study and survey the areas which are effected by water logging due to Indira Gandhi Nahar Project and to suggest the measures to overcome the problem. Tentatively the time period has also been fixed i.e., one month.
4. That the following facts also require consideration and they are related with water logging:-
Water logging is a phenomenon in which water table rises in top layer soil within 1.5 mtr height. In this case the salt of the soil comes up to top layer, which affect the crop production, destruction of buildings and other environmental effects.
Water logging is caused by (i) Rising of ground water; (ii) Addition of water from surface.
In Rawatsar area, the water logging, was on its peak in the year 1990 to 2000 and the main reason of water logging was too much addition of water from surface. The following are the main reasons of water logging-
1. Seepage from canals.
2. Excessive supply of irrigation water
(a) Higher Water allowance (b) no days of canal running
3. Sandy/Texture of soil.
4. Poor Water retaining capacity.
5. Presence of Hare Strata (Gypsum later).
6. Absence of proper drainage.
The cost of construction of irrigation 5 distribution system (i.e., canals only) comes to Rs.10,000/- per acre as per present cost. Due to water logging the irrigation system infrastructure remains as of no use and the affected inhabitants/cultivators also became unemployed with destruction of their property.
5. That it is also pertinent to submit here that a workshop to discuss the reasons of water logging and its remedial measures was held on 1.7.1999 at Collectorate, Hanumangarh, under the Charimanship of Hon'ble Irrigation Minister, Rajasthan. The Secretary, Irrigation, Rajasthan, Jaipur, Chief Engineer, Irrigation Jaipur, Chief Engineer, Irrigation, Hanumangarh, Chief Engineer INGP, Agriculture Research Officer's, Public representatives MLA, Pilibanga, Hanumangarh, Prominent Cultivators of the area and other Irrigation Engineers expressed their views on the water logging problem.
For study of seepage of water form canals and its remedial measures, a Committee of six Engineers under the Chairmanship of the Additional Chief Engineer, Sidhmukh, Nohar Irrigation, PMU, Hanumangarh, written statement constituted by the Chief Engineer, Irrigation, Hanumangarh vide his office order No.F.3 (Tech.16)7611 dated 9.9.1999. The committee was to give its report within a period of 1.5. and 5 months. The Committee was constituted in compliance to decisions taken by the Government on the basis of discussion in workshop dated 1.7.1999 vide letter No.94 dated 23.7.1999 of Secretary to Govt. Irrigation, Rajasthan, Jaipur. The above Committee visited various sites in the water logged area and studied the causes of problem. Thereafter the committee submitted its report with suggestions for remedial measures. The Committee in its report (Chapter-4) mentioned that seepage from Main Canal in heavy filling reaches in double than the permissible seepage. The Committee suggested the following remedial measures to be adopted-
1. Seepage from canals-
6(a) Providing of 250 micron LDPE filing with M-10 concrete lining in heavy filling reaches.
(b) Bentonite Grouting in Embankments to lessen the seepage.
(c) Repair of damaged lining.
The Committee in its study found that the water supply was in excess to the tune of 42.85% and 36.80% in Kariff and rabi crops respectively and the water supply depth was 2.50' in place of 1.75 and 1.71' in place of 1.25 for the respective crops.
The committee considered that the main cause of water logging was excessive water supply for irrigation with one third contribution of seepage from canal and gave following suggestions:-
(i) Reduce water allowance to 3.00 cuses from 5.23 cusec/1000l acres.
(ii) Reduce canal running days.
(iii) Not to provide direct outlet from main canal.
(iv) To educate cultivators for encouraging adoption of less water crops.
Today Position The Indira Gandhi Main Canal is life line of western Rajasthan. It provides the drinking water and irrigation water in the Districts of Ganganagar, Hanumangarh, Bikaner, Jaisalmer, Barmer, Jodhpur, Churu. To check/control seepage in heavy filling reaches, it requires al least two months period. This repair/checking can only be done in closure of main canal. Other important works like repair of Head regulations, gates, repair of damaged lining at Masitan Wali Head, Lahuwali Head and repair of Feeder Canal in Punjab portion are very much essential. But due to non-availability of closure these repair works are suffering.
A pilot project for reclamation of 5633 Ha water logged area with the Project cost of 7 Rs.460.66 lacs was sanctioned by Rural Development Department of Central Government on 30.03.2000 with completion date of 31.03.2002, later extended to 31.3.2003.
An open drain of length 15 km under this Project with installation of 9 Nos 154 B.H.P. Diesel Engine Pump sites at R.D.96.300 of IGMN has been completed. 15 to 20 Cusecs seepage water is pumped into main Canal for 10 to 20 hrs daily as per job requirement. Construction of 15 Km Drain is in progress under water shed programe of District Rural Development Authority. Ground water table has been lowered upto 5.0' in this area and 3600 Ha severally water logged area has been reclaimed upto March, 2003.
The Project Evaluation Report "Reclamation of waste land of water logged area" prepared by ARID FOREST RESEARCH INSTITUTE, Jodhpur is attached as ANNEXURE/A for kind perusal of this Hon'ble Court.
6. It is further submitted that as per survey made till date, overall water logging effect in this area has been considerably reduced with the construction of open drain and less water supply in canal. Now the standing water along the Main Canal is only Near RD. 18-20 & 96-97, i.e. lowest ground level whereas in the year 1991-2000 there was almost standing water in canal borrow pits of Main Canal in bed filling reaches.
It is, therefore, most humbly prayed that these facts may kindly be taken on record."
On 22.1.2013 when this writ petition was listed in the court the Division Bench passed an order that this writ petition is pending since 1999, therefore, with regard to the intervening developments, the learned counsel for the parties, in the interest of expeditious adjudication, to submit synopsis of essential facts updated as on 8 date, the project reports already submitted by the Committee constituted by this court and other relevant papers inter alia to demonstrate the steps, already taken on behalf of the respondents in this regard.
Again on 10.4.2014, the Addl. Advocate General Mr. Thakur was directed to place on record the status report as regards the position obtaining today at the site as also the steps taken by the respondents to curb the water logging problem projected in the writ petition.
In compliance of aforesaid order, the State Government filed the compliance report which reads as under:
"1. That the present writ petition (PIL) was came to be listed before this Hon'ble Court on 10.4.2014 and the Hon'ble Court after hearing the arguments and perusing the material directed to submit latest status/progress report.
2. That in compliance to the direction issued by this Hon'ble Court it is respectfully submitted that the efforts made by the Government of Rajasthan for overcoming the problem of water logging in Rawatsar Area District Hanumangarh, the Water Recourses Department has given administrative and financial sanction for work of relining of Indira Gandhi Feeder by its letter dated 26.7.2011 which annexed herewith and marked as AnnexureR/5 for kind perusal of this Hon'ble Court.
3. It is further humbly submitted that along 9 with the above administrative/financial sanction letter an Executive summary has been enclosed, prepared by the competent authority showing that what of the causes of the water logging and what steps should be taken for tackling the water logging problem and what measures already deployed in the IGNP, the general abstract cost with the implementation schedule and the detail map of the project. The true and correct copies of the aforesaid Executive Summary along with enclosures are submitted herewith and marked as Annexure-R/6 for kind perusal of this Hon'ble Court.
4. That it is further respectfully submitted that the Indira Gandhi Canal has been completed its life span and for its repairs the Government has sanctioned vide (Annex.R/learned counsel for the amount to the tune of Rs.401.63 crores, by which in the inner part of the entire Canal will be repaired by the thick layered of 10 cm. (M-25 Cement Concrete 1:2:4) by which the seepage and water logging problem will be solved. A copy of the factual report is submitted herewith and marked as Annexure-R/7 for kind perusal of this Hon'ble Court.
5. It is further submitted that in the Reawatsar Area by the efforts the State Government, executive of the Pilot Project, drain having length of 15 km. was got constructed and the pump house was got established at RD 96.300 (L) and with the help of diesel engine pump said water of water logging was ousted/discharged and thereby out of total area measuring 5633 hact the area measuring 5278 hact. was mad free from the water logging. After that in the Suratgarh Area, in the year 2006-2007 drain having length of 30 km. was got constructed and the pump house was got established and with the help of diesel engine pump said water of water logging was ousted/discharged and thereby out of total area measuring 4387 hact the area measuring 3000 hact. was mad free from the water logging.
6. That apart from above, it is pertinent to 10 mention here that the State Government had taken this problem very seriously and for that the State Government has prepared the proposed project for reclamation of 1742 hact. water logged area and for preservation of measuring 49755 hact. sensitive area for further water logging. It is humbly submitted that the approx. costs of the said project is Rs.464.57 crores, the relevant part of said project is submitted herewith and marked as Annexure-R/8 for kind perusal of this Hon'ble Court. It is further submitted that the entire project report will be kept ready at the time of arguments for kind perusal of this Hon'ble Court. It is pertinent to mention here that the execution of the aforesaid project it still continuously in progress.
It is therefore, most humbly and respectfully prayed that this compliance report may kindly be taken on record."
After perusing the aforesaid compliance reports it emerges from the facts that as per Government stand the Indira Gandhi Nahar Canal has been completed its long span and for its repairs the government has sanctioned an amount of Rs.
401.63 crores by which in the inner part of the entire canal will be repaired by the thick layered of 10 cm (M-25 Cement Concrete 1:2:4) by which the seepage and water logging problem will be solved.
It is also submitted in the progress report that in the Rawatsar area by the State Government, the execution of the Pilot Project, drain having length of 15 km. was got constructed and the pump house 11 was got established at RD 96.300(L) and with the help of diesel engine pump said water of water logging was ousted/discharged and thereby out of total area measuring 5633 hectare and area measuring 5278 hectare was mad free from the water logging. As per the progress report it is assured by the State Government that the State Government had taken this problem very seriously and for that the State Government has prepared the proposed project for reclamation of 1742 hectare water logged area and for preservation of measuring 49755 hectare sensitive area for further water logging.
It is also stated in the progress report that approximate cost of the said project is Rs.464.57 crores and the execution of the aforesaid project is still continuously in progress.
After taking into consideration the entire progress report and efforts made by the State Government, this writ petition filed in public interest is dispose of with the direction to the State Government that serious efforts shall be made for the problem raised by the petitioners in this public interest litigation to remove the problem as prayed within one year and submit compliance report on 1.2.2016.
12(JAISHREE THAKUR),J. (GOPAL KRISHAN VYAS),J. cpgoyal/-