DAXABEN CHANDULAL ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Rashesh Rindani, learned Assistant Government Pleader waives service of notice of Rule for Respondent No. 1. Mr. H.S. Munshaw, learned advocate waives service of notice of Rule for Respondents Nos. 2 to 4.

(2.) This Petition under Article 226 of the Constitution of India has been preferred, inter alia, with a prayer to issue an appropriate writ, order or direction, declaring the decision of the Respondents in restraining the Petitioner from lifting water from the Canal and to remove the pump sets from the site, as arbitrary, illegal and violative of Article 14 of the Constitution of India. The notice dated 20-05-2011, issued by the Respondent-authority, directing the Petitioner to remove her pump set from the Canal, is also the subject matter of challenge.

(3.) The brief facts of the case are that, the Petitioner is an agriculturist residing at village Santej, Taluka Kalol, District Gandhinagar and is the owner of 4.5 Vighas of land situated in the said village. Part of the land of the Petitioner was acquired by the Sardar Sarovar Narmada Nigam (Respondent No. 2) for construction of the Main as well as Branch Canal under the Narmada Canal Project. The Petitioner is cultivating the remaining land and maintaining her cattle. According to the Petitioner, since the year 2005 the concerned authorities of Respondent No. 2 permitted the Petitioner to lift water from the Canal for agricultural purposes, and for drinking purposes for her cattle, as well. It is the case of the Petitioner that water charges were regularly recovered by the Respondent-authorities from the Petitioner and from approximately 400 other farmers, who require regular water supply for one and a half months. According to the Petitioner that water from the Narmada Canal is used for the purpose of cultivation on thousands of Acres of land since June,2004. A public notice dated 20-05-2011 was issued by the Respondent Corporation, directing the Petitioner to remove the pump set from the Canal and to stop lifting water from it within a day, failing which coercive action, including seizure of pump sets, as well as police action would be taken. This notice was received by the Petitioner on 23-05-2011. Aggrieved thereby, the Petitioner has approached this Court by way of the present petition.