UNION OF INDIA Vs. SHANGREIKHAI

JUDGEMENT

(1.) THESE two writ appeals arise out of the judgment and order of the learned Single Judge dt. 14.3.2011 in WP(C)No.420 of 2002. The writ appeal No.42 of 2013 has been by the State of Manipur whereas Writ Appeal No.49 of 2011 has been filed by the Union of India.

(2.) THE private respondents were the petitioners in the writ application. Their case is that they own private land/paddy fields at Kahui, Khaiwar, Mashang and Mailan which are situated near to Kahui Kong river at Halang village in the district of Ukhrul. They solely depend on Kahui River for the purpose of irrigation during rainy and winter seasons and grow different types of crops in the paddy fields owned by them. Their further case is that they used to do pisciculture during rainy season to earn money for livelihood.

(3.) DURING pendency of the writ petition, the private respondents filed an additional affidavit stating that during pendecy of the writ petition, Govt. Of Manipur instructed for an enquiry and the SDPO, Ukhrul submitted a report to the SP/ Ukhrul indicating therein that the diverted water is used by the Assam Rifles and a small kutcha Dam has been made up of boulders and mud temporarily across the river by the Assam Rifles personnel blocking the stream just below the pump house and as such no water is flowing down the river. SP/ Ukhrul also, in his report dt. 14.4.2008, stated that a Kutcha Dam has been constructed in the middle of the river by the Assam Rifle as a result of which no water is flowing down to the river into the kutcha irrigation canal which reportedly caused a lot of problem for the land owners to irrigate their paddy fields. Dy. Commissioner, Ukhrul also wrote a letter on