RAJESH KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant petition has been filed for the grant of following substantive reliefs:-

(2.) The petitioners are aggrieved by the action of the respondents whereby a bandh (dam) has been proposed to be built/constructed on Bagna nalla in Gram Panchayat, Bagi, Tehsil Shimla (Gramin).

(3.) According to the petitioners, almost 90 to 95% inhabitants of Gram Panchayat Dhamoon, Shilru and Panti Up-Mohal of Gram Panchayat Bagi will be affected by the construction of such dam to the extent that the very source of livelihood would be snatched. The residents of these panchayats are not only dependent upon the water sources for agriculture purpose and also for running their water mills, catering to the needs of cattle and other ancillary purposes. Majority of the inhabitants of these panchayats are unemployed and are, thus, dependent on agriculture. It was further averred that there is already a IPH Scheme, namely, Jhakri Water Supply i.e. under construction, which could cater to the needs of the adjoining inhabitants of the villagers. In case, water from Bagna nalla is diverted to the dam, then there will be no water in the bagna nalla for the inhabitants of the panchayats referred to above.