This PIL petition sought directions to utilize Gopalpura reservoir water only for the rabi season and to stop illegal water draws. The court held that water distribution is an administrative function and declined to intervene or make specific directions regarding crop seasons.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition No. 20389/2018
Harlal S/o Shri Gouru Lal, Aged About 50 Years, R/o Gram Maaytha, Tehsil Kishanganj, District Baran, Rajasthan
----Petitioner
Versus
State Of Rajasthan, Through Principal Secretary, Government Secretariat, Jaipur, Rajasthan
----Respondent
For Petitioner(s) : Mr. Vijay Singh Yadav For Respondent(s) : Mr. Prateek Singh on behalf of Ms. Sheetal Mirdha, AAG
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
16/02/2022
This petition in the nature of public interest litigation has been filed with a prayer for direction to the respondents to utilize the water from the reservoir of Gopalpura medium irrigation project only for r abi season and not for kharif crop season. The prayer is also made to ensure that unauthorized or illegal draws of water from the reservoir or the canals is stopped.
Learned counsel for the petitioner submitted that the petitioner represents a cause of the villagers who are at the far end of the dam and on account of the government polices and uncontrolled illegal drawl of water no supply reaches these villages either for irrigation and even for drinking purpose.
The respondents have appeared and filed a reply in which it is stated inter-alia that the dam was constructed for the purpose
(2 of 2)
[CW-20389/2018]
of collecting rain water and provide irrigation facilities to 5458 hectares of land in 33 villages of the area. The total capacity of the dam is 32.63 MQM and the water retention capacity of the dam is 32.01 MQM. The distribution of water is being done for optimum utilization of the water and with understanding arrived at between the farmers through negotiations. Further details of the decision making process for distribution of such water through different irrigation seasons in consultation with the local farmers is also narrated in the reply.
From the pleadings on record it can be seen that the question of distribution of water to the farmers for irrigation in different crop seasons is essentially an administrative function. The Court would not enter into such executive functions. It is for the administration to decide on the basis of ground realities what is in the best interest of the populace of the region. No directions for distribution of water in a particular manner can be given. Needless to observe if there is any unauthorized withdrawal of the water it is a duty of the administration to check the same.
With these observations the petition stands disposed of.
(MANOJ KUMAR VYAS),J
(AKIL KURESHI),CJ
KAMLESH KUMAR/s-160
2 issues framed by the court
Whether a High Court can direct respondents to utilize reservoir water only for rabi crops and not for kharif crops.
Whether a High Court can direct respondents to stop unauthorized illegal draws of water from a reservoir or canals.
Harlal S/o Shri Gouru Lal
State Of Rajasthan
Mr. Akil Kureshi
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
