MANISHA SHAILESH CHOUDHARI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Public Interest Litigation is filed with the following prayer:

(2.) It is the case of the petitioner that, the petitioner is a Sarpanch of village Garkheda and is agitating the grievance of the public in general from the village Garkheda and other adjoining villages and the surrounding area. The villages, namely, Garkheda, Mangrul, Takli Mali, Chitte Pimpalgaon, Hivara, Tongaon, Jadgaon, Chitegaon, Kumbephal and Apatgaon are getting the drinking water from the Sukhana Dam and all the villagers from the above-mentioned villages are totally dependent on the water of Sukhana Dam so far as the drinking water is concerned. Though the rain fall during the current year was satisfactory but considering the today's availability of water, only 28% water is available in the Sukhana Dam, and therefore, if the water from the Dam is released for the agricultural purposes, there would be acute scarcity of water in the above-mentioned villages during the summer period i.e. from March to June, 2017, and therefore, to avoid the same, the respondent authorities are required to be directed to reserve the water of the Sukhana Dam for the drinking purposes only. The petitioner and other villagers have filed applications to the authorities and prayed to stop releasing the water for the agricultural purpose and reserve the same for drinking purpose only. On 2nd November, 2017, the respective Grampanchayats have also passed the Resolutions and it is unanimously resolved by all the Grampanchayats that, the water from the Sukhana Dam is required to be reserved for drinking purpose only and it is required to stop releasing the water for the agricultural purposes. In spite of the specific application filed by the petitioner and other villagers and the Resolutions passed by the respective Grampanchayats as mentioned above, respondent no.4 has released the water through the canal for the agricultural purposes from the Sukhana Dam on 16.01.2018 and to that effect the letter is also issued to the Grampanchayat, Garkheda on 16.01.2018 itself. It is stated in the said letter that as per the orders of the Executive Engineer i.e. respondent no.2, the water is released. For last four to five years, there was no satisfactory rain fall in the State and more particularly in the Marathwada Region, and only for this year, there was satisfactory rain but in spite of that, now only 28% water is available in the Sukhana Dam, and therefore, considering the fact that near about 18 to 22 villages are depending on the water of the Sukhana Dam for the drinking purposes, the respondent authorities are required to be directed to stop releasing the water from the Sukhana Dam for the agricultural purposes and reserve the water for the drinking purposes only.

(3.) Learned counsel appearing for the petitioner submits that near about 20 villages are depending on the water of Sukhana Dam for the drinking purposes, and therefore, if the water from the Sukhana Dam is not reserved for the drinking purposes and is released for the agricultural purposes, it would cause scarcity of water during the period of summer i.e. from March to June, 2018 and therefore, in the interest of justice, the respondent authorities are required to be restrained from releasing the water from the Sukhana Dam for the agricultural purposes and to reserve the same for the drinking purposes only.