The High Court disposed of a writ petition challenging the inaction in repairing an irrigation channel. The Court directed the respondent to remove debris and ensure water flow by August 2017 and lodge an FIR against obstructing individuals.
Direction to remove debris and ensure water flow by August 2017; direction to lodge FIR against obstructing persons.
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W.P.(C) No.14929 of 2015
11 01.08.2017 Heard Mr.Baral, learned counsel for the petiti
oner and Mr.Amit Patnaik, learned Additional Government Advocate for the State.
2. On the oral prayer of Mr.Baral, he is permitted to make necessary corr
ection in the consolidated cause title of the writ petition.
3. Challenge has been made to the inaction of the opposite party no.2 for
not repairing the channel for clear flow of the water to the agricultural land of the petitio
ner.
4. It is submitted by the learned counsel for the petitioner that the pet
itioner, being a farmer, has got, land under Khata No.112 and 570 containing several plots. He
further submitted that the opposite parties are not maintaining the irrigation project proper
ly and thereby causing obstruction to the flow of water to the cultivable land of the petition
er. So, he submitted that the opposite party no.2 may be directed to take immediate steps for
supply of water by repairing the channel so that the petitioner can avail proper irrigation to
his agricultural property.
5. Mr.Patnaik, learned Additional Government Advocate, by referring to th
e preliminary counter affidavit, submits that the opposite party no.2 has taken steps for remo
val of the debris and other filthy substances from the channel but the local people have also
caused nuisance by depositing some filthy substances in the said channel to cause obstruction.
He further submits that the concerned Executive Engineer has promised to clear the channel by
the end of July, 2017 and make the case land of the petitioner irrigated thereby.
6. For better appreciation, learned Additional Government Advocate refers
paragraph-3 and 4 of the preliminary counter affidavit of opposite party no.2, which are as u
nder:
3.That after coming to know about the pendency of the aforementioned writ petition, fi
eld enquiry was undertaken and was found that residents living in around that locality have be
en dumping solid wastes into the canal resultantly there has been blockage in one portion of t
he canal. It was also found that some people of the locality have dumped earth into the canal
resulting in blockage of free movement of water in the canal used for irrigation facility.
4.That in order to ensure free movement of water in the canal, action has been taken t
o remove the debris and deposited earth from the canal. It is expected that the same will be c
ompleted by the end of July and water will be provided for Kharif 2017. It may kindly be noted
out of total length of 2400 metres, last 700 metre was effected due to the obstruction caused
by local people living in the locality.
7. Considering the submission of the learned counsel for the parties and
in view of the clear averment of the opposite party no.2, as above, the writ petition is dispo
sed of with a direction to the opposite party no.2 to remove the debris and deposited earth fr
om the canal and make it free flow of the water by the end of August, 2017 to the plots of pet
itioner. He is further directed to lodge FIR against the people who are obstructing the flow o
f water in accordance with law.
Issue urgent certified copy on proper application.
Free copy of this order be supplied to the learned Additional Governme
nt Advocate for communication and compliance.
Basu
- 2 -
2 issues framed by the court
Whether to direct the respondent to repair the irrigation channel to supply water to agricultural land.
Whether to direct the respondent to lodge an FIR against persons obstructing water flow.
Petitioner
Opposite Party No.2
State
Basu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court