Disposed

Bainsu Ram v. State of Hp and Ors.

Himachal Pradesh HC19 Dec 2024CWP/3606/2023

Case brief

AI extract

What is this about?

Writ petition seeking direction for equal distribution of irrigation water. Respondents stated storage tanks were included in proposals per DPR covering all hamlets, and petitioner gave NOC for irrigation infrastructure on his land. Petition disposed with direction to respondents to ensure equal water distribution.

What did the court decide?

Direction to respondents No. 2 & 3 to ensure equal distribution of irrigation water to the petitioner and residents of other villages.

Bainsu Ram Vs State of Hp and Ors. — Writ and Judicial Review | Himachal Pradesh HC (2024)

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2024:HHC:15224

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.3606 of 2023 Date of Decision: 19.12.2024

Bainsu Ram

……...Petitioner

Versus

State of Himachal Pradesh & Ors.

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…....Respondents

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Coram

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Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?

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For the Petitioners: Mr. Pushpinder, Advocate, vice Mr. K.B.Khajuria, Advocate.

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For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State.

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Sandeep Sharma, J. (Oral)

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By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for the following main relief:

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“(a) That the Horticulture Development officer may kindly be directed to ensure the equal distribution of irrigation water amongst the beneficiaries.”

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Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Pushpinder, learned counsel representing the petitioner, is that equal distribution

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2024:HHC:15224

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of water for irrigation purposes is not being made to the petitioner as

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well as other residents of villages DPF Pukhtla, Banyot, and Dabbu.

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Pursuant to notices issued in the instant proceedings, respondents No. 3 & 4 have filed reply, wherein it has been mentioned that as per petitioner’s demand and suitability for construction of water storage tank, one tank, has been included in proposal for construction at Bhadoga hamlet, at which place petitioner resides. It has been further averred in the reply that for irrigation in Hamlets namely Pukhtala, Baniyot and Dubbwas, separate tanks are included in proposal for constructions as per DPR (Annexure R-4) . As per afore reply, cluster has been formed keeping in view the availability of water sources and volume of water etc. Petitioner has not been deprived of the irrigation scheme as this scheme also covers Pukhtala Hemlet, where the petitioner is owner in possession of land comprised in Khasra Nos. 21 & 22 measuring 42-02-00 Bighas in Demarcated Protected Forest (DPF) Pukhtala alongwith other co-shares. It also emerges from the reply filed by afore respondents that No Objection Certificate has also been given by the petitioner for usage of land for creating infrastructure for irrigation scheme situate at Bhadoga hemlet (Annexure R-5 ). Since it is quite apparent from the reply of respondents No. 3 & 4 that all out efforts are being made for equal distribution of water to the residents of villages, as detailed

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2024:HHC:15224

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hereinabove, coupled with the fact that petitioner has already given No Objection Certificate for use of his land for creating infrastructure for irrigation scheme situate at Bhadoga hamlet, nothing remains to be adjudicated in the instant proceedings.

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Consequently, in view of the above, present petition is disposed of with a direction to respondents No. 2 & 3 to ensure the equal distribution of water to the petitioner as well as residents of other villages, as detailed hereinabove. Pending application, if any, stand disposed of.

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December 19, 2024 (Sunil)

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(Sandeep Sharma), Judge

Bainsu Ram v. State of Hp and Ors.

Case brief

What is this about?

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Bainsu Ram v. State of Hp and Ors.

Case brief

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