ATMA LINGA REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition is instituted by the petitioners as pro-bono publico and is in the nature of Public Interest Litigation (PIL). The petitioners have approached this Court by invoking Article 32 of the Constitution praying for an appropriate writ, direction or order, restraining respondent No. 2 - State of Karnataka and respondent No. 4 - Sree Swarna Energy Limited, from constructing a Mini Hydro Power Project at Rajolibanda Diversion Scheme (RDS for short), Raichur District, Karnataka, by quashing and canceling the Power Project. A prayer is also made to direct the State of Karnataka to regulate water at RDS anicut and to ensure smooth flow of water in the RDS canal to the extent of full allocated water of 15.9 TMC to the State of Andhra Pradesh. By way of interim relief, a prayer is made to grant stay against construction of Power Project at RDS.

(2.) It is stated by the petitioners in the petition that they are citizens of India and are residents of District Mehboobnagar in the State of Andhra Pradesh. They are having agricultural lands in the ayacut under RDS (Rajolibanda Diversion Scheme). According to the petitioners, RDS is an inter-State irrigational project covering lands in the States of Karnataka and Andhra Pradesh. The project comprises of an ayacut of RDS on the river Tunghabadra (inter-State river), tributary of river Krishna, near Village Rajolibanda in Raichur District in the State of Karnatka. The canal is of the length of about 89 miles (143 KM) having discharge capacity of 850 cusecs of water. It was constructed by the then Nizam of Hyderabad before more than fifty years.

(3.) According to the petitioners, consequent upon the reorganization of States under the States Reorganization Act, 1956, the State of Andhra Pradesh was formed. 26/27 miles (41.6 KM) of the canal with an ayacut of 5,900 acres fell within the State of Mysore (now the State of Karnataka) while the remaining portion of about 63 miles (100.4 KM) of canal with an ayacut of 87,000 acres came within the State of Andhra Pradesh.