KUMAR SINGH BHATI Vs. STATE OF M P

JUDGEMENT

(1.) THIS public interest litigation has been filed by the petitioner, who is an agriculturist from village Chapar, Tahsil Astha, District Sehore. He has prayed for a direction against the respondents to construct the canals for which lands of villagers were acquired and irrigation cess collected from the farmers be refunded. The petitioner has also prayed for an inquiry against the erring officers who have misappropriated huge amount of Government money by wrongly showing on papers that the construction work of canals was completed.

(2.) BRIEFLY stated the facts are these. A pilot project for the construction of dam and canals was prepared by the State Government under a Rehabilitation of minor Irrigation Tank Scheme. The project was given administrative approval on 29. 11. 19-77 and 311. 33 acres of land of different villagers in Tahsil Astha was acquired. The State Government also sanctioned Rs. 43. 75 lakh for the project. The project provided for the construction of dam in village Chapar and canals to extend irrigation facilities to 520 acres of land in the command area. Under the project, 200 chains of Right Bank Canal, 110 chains of Left Bank Canal and 60 chains of Minor Canal were to be constructed. The farmers to be benefited by the construction of dam and canals for irrigation were of villages Chapar, Killod, dhankhedi, Deoli, Kelapani and Arniya Johri, all in Tahsil Astha.

(3.) THE case of petitioner is that although dam in Chapar was constructed in the year 1979, the canals were never constructed and, therefore, the farmers have been deprived of irrigation facilities proposed for them under the project. According to him, in the year 1994-95 the State Government sanctioned Rs. 43. 65 lakh for the construction of canals but the concerned officers, without constructing canals, misappropriated the amount by preparing a false report that construction work of canals had been completed. The petitioner has also averred that the officers of Water Resources Department, in order to cover up their misdeeds, have illegally recovered irrigation cess from him and other farmers vide receipts. Annexures P13 and P14. The grievance of petitioner is that although various representations and complaints were made to the State Government for the construction of canals, as provided in the project and also for taking action against the erring officers of Irrigation/water Resources Department, none of them was met with a positive response and hence he was constrained to file the present petition.