GRAM PANCHAYAT, KANWARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) EIGHT Gram Panchayats of villages Kanwari, Dhamana, Sultanpur, Mujadpur, Balawas, Gunjar, Nalwa and Bhojraj falling within Block Hansi-I have approached this Court by filing the present petition in public interest praying that Scheme Jamalpur-Seepar-Bohal-Kirawar issued under Sections 17-18(1) of the Haryana Canal & drainage Act, 1974 (hereinafter to be referred as, Rs.1974 Act') and published under Rules 7 and 96 of the Haryana Canal & Drainage Rules, 1976 (hereinafter to be referred as, Rs.1976 Rules') vide Annexure P-6 be quashed along with order of approval Annexure P-7 dated 27.6.2008. A further prayer has been made that consequential notification dated 12.9.2008 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred as, 'the Act'), Annexure P-8 and notification dated 18.12.2008, Annexure P-9 issued under Section 6 of the Act to give effect to the Scheme be also quashed.

(2.) IN nutshell, the grievance projected by the petitioners is that Government of Haryana had mooted a proposal to construct a minor out of Sunder Distributory known as Sipper-Jamalpur Minor from RD 0 to 20000 for giving undue benefit of irrigation to respondent No. 6 Ram Kishan Fauji, sitting M.L.A. and his nears and dears. As a result thereof, villages of the petitioners - Gram Panchayats, which are situated on the tail end of Sunder Distributory will be deprived of water for irrigation and drinking. Petitioners contend that proposed Scheme be dropped by quashing above said Notifications and Orders attached as Annexures P-6 to P-9. It has also been urged by the petitioners that proposed Scheme is against the provisions of 1974 Act and 1976 Rules.

(3.) IN response to the writ petition, Executive Engineer, Bhiwani Water Services Division, Bhiwani has filed a counter affidavit on behalf of respondents No. 1 to 5. The official-respondents have taken a stand that Sunder Sub Branch System of Haryana Irrigation Department is serving the people of District Bhiwani and water was distributed through the outlets from the existing channels by further taking the water through water courses for optimum utilisation of the system. Various minors and distributories are being constructed to decrease the length of these water courses so that there is minimal loss of water in the shape of evaporation and percolation. Length of water courses is being shortened to reduce maintenance cost. To fortify this submission, it has been stated that Rule 13(1) of 1976 Rules provide that length of water course from its head to its points of contact should not exceed three kilometers and in the present case under the Scheme, which has been prepared in the name of Seeper-Jamalpur Minor, length of water course is kept less than one kilometer. The Scheme was prepared after giving full opportunity to all stakeholders under Section 17-18(1) of the Act. To controvert the apprehension of the petitioners that their villages being at the tail end, the availability of water will be reduced, the following stand has been taken by the respondents in para 2 of the preliminary submissions :-