UNION OF INDIA (UOI) Vs. GANGA SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the learned District Judge, Mandi, dated 18 -3 -1995 passed in C.M.A. No. 32 of 1993. The present petition has been filed by the Defendants.

(2.) IN the year 1991 the Respondents herein, filed a civil suit before the learned Sub -Judge, Sundernagar, which was registered as suit No. 65 of 1991. Thereafter, in June 1993, an application under Order 39, Rules l and 2 of the Code of Civil Procedure was filed before the learned trial Court, which was dismissed, but by the impugned order the learned lower appellate Court allowed the injunction and the present Petitioner Nos. 2 and 3 were restrained from dredging the silt from Balancing Reservoir at Sunder -nagar in a manner which may load to ingress of silt into the suit land or which may cause obstruction to the Kuhals (water channels) through which water from Suketi -Khad is channalised for irrigation of the suit land or which may render the water drawn for irrigation by the Plaintiffs -Appellants from Suketi Khad polluted with silt till the disposal of the suit. Against the said outer, the present petition has been filed.

(3.) IT is not necessary for the present purpose to refer the written statement and reference may be made to the facts stated in the present petition. It is stated that Beas Sutlej Link Project was construction for diversion of water of River Beas at Pandoh through a water conductor system so as to generate power at Dehar Power Plant located at Slapper and then at Bhakra The entire B.B.M.B. system comprising the Power Houses at Bhakra, Ganguwal and Kotla, Pong and Dehar, which is a part of the northern grid electricity system of the country and power from this project is received by the States of Punjab, Haryana, Rajasthan and Himachal Pradesh. It is admitted that diverted water carries a lot of silt and hence to be flushed out partly through the silt ejector installed in the head reach of the Sundernagar Hydel Channel and partly by dredging with the help of a Dredger installed in the above Balancing Reservoir at Sundernagar. It is necessary to do so, so as to avoid excess flow of silt to the generating units thereby choking the entire system. The silt is thrown into Suketi Khad where it is passed through a channel known as cunnette which is maintained every year so that water with silt does not enter the villages located adjacent to Suketi Khad. It has also been stated that in order to protect the interests of the local population and mitigate the hardship the B.B.M.B. has taken the necessary steps, such as, Rs. 65 lacs out of Rs. 35 lacs already paid to the Government of Himachal Pradesh to compensate by sinking six numbers Tubewells for supply of natural water. Of course, the amount has not been utilized by the Public Health Department of the H.P. Government. B.B.M.B. is also agreeable to release the balance amount of Rs. 30 lacks as soon as the work commences for installation of Tubewells, supply of 1.5 cusecs water from Balancing Reservoir Sundernagar and about 3 cusecs water from Sundernagar Hydel Channel through siphons free of cost to the people of the areas on the left and right side of the Suketi Khad and B.B.M.B. has also approved supply of 20 cusecs (average) of water from Sundernagar Hydel Channel for irrigation purposes in the Balh Valley area ; Foot and road Bridges have been provided ; Kuhals are being cleared from time to time to give adequate quantity of irrigation water ; compensation for damage to the crops due to silt is being paid as per assessment made by the local administration and if any sand accumulates over the fields of any person, the same is got removed by deploying special labour by B.B.M.B. In addition to above, hospital facilities from B.S.L. Project Hospitals at Pandoh, Sundernagar and Slapper have been extended to the local population. It has also been stated that dredging operation at the Balancing Reservoir is the life line of the Project and if it is stopped and silt is allowed to be accumulated into the Reservoir, it shall enter in the Dehar Power House resulting in extensive damage to the turbines installed in the power house which shall lead to total dislocation of power generation and disruption of power supply to the Northern Grid of the country. It shall also lead to the loss of colossal magnitude of power generation to the nation and public at large.