BRAJABANDHU NATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition, the villagers of village Jharbeda pray to direct the opposite parties to provide an embankment in Satrusagar Tank, which will facilitate the provision of adequate water for use of irrigation and other purposes.

(2.) IN Hindol block of Dhenkanal District, there are two adjoining villages, namely, Jharbeda and Sanmunda and both the villages share the water of Satrusagar Tank. The said tank/M.I.P caters to the need of two villages. Satrusagar MIP has been allocated to Sanmunda village whereasSatrusagar Tank has been allocated to Jharbeda village. The tank which has been allocated to Jharbeda village is perennially without water as the level of part of the tank, is at much higher level vis - -vis the level of the tank at the site of Sanmunda village. Thus, all the water flows down to the side of Sanmunda village as there is no embankment to provide minimum water level for the Jharbeda village.

(3.) XXX XXX XXX The villagers of Sanmunda had earlier approached this Court by filing O.J.C. No. 6151 of 1997, which was disposed of on 31.7.1997. It was a Public Interest Litigation. The villagers of Sanmunda had challenged the proposed action of raising embankment over Sanmunda Satrusagar M.I.P. On 31.7.1997 this Court disposed of the writ petition by passing the following order: