HARBHAJAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE grievance of the petitioner is that respondents No. 2 & 3 i.e. the State of Punjab and Secretary Irrigation (Canal) to the Government of Punjab are causing uncontrolled damage to the property of the petitioner and other villagers in villages Mohtli and Majra in Tehsil Indora by releasing huge quantity of water suddenly and without warning. This results in flooding and washing away the land of the petitioner and similarly situated persons. The petitioner has prayed for the following amongst other reliefs:

(2.) WE had issued notice of the petition on 27.9.2007 and keeping in view the allegations made by the petitioner we had also directed the Superintending Engineer, IPH, Nurpur to visit the spot and submit a report to this Court. The Superintending Engineer, in compliance to the orders of this Court, submitted his report which reads as follows:

(3.) THE States of Punjab, Haryana and Rajasthan and the BBMB have filed similar affidavits in reply. The first objection they have taken is that this is an inter State water dispute and, therefore, this Court has no jurisdiction to hear the same. It is also contended that the petitioner has not approached this Court with clean hands and that he is trying to settle his personal dispute under the garb of a so called public interest litigation. It is also alleged that the petitioner owns a stone crusher and it is to protect his stone crushing activity that he wants that water should not be discharged into the area of State of Himachal Pradesh. According to the respondents, the intention of the petitioner is that if no water is discharged, he shall be able to extricate the boulders from the dry khud and use them in his crusher.