GULAB CHAND Vs. STATE OF J&K

JUDGEMENT

(1.) The writ petition on hand, filed in representative capacity by petitioners Gulab Chand and Baldev Singh Rana, former being the Sarpanch of Panchayat Halqa Trigam - C and the later being the Sarpanch of Panchayat Halqa Janwas- Tehsil and District Kishtwar seeks the following relief:-

(2.) The case put forth by petitioners is that the respondents have provided drinking water facility to the inhabitants of Panchayat Halqa Trigam - C and Janwas by introducing the water supply scheme from Galigad Nallah. Water Supply Schemes and Khuls, each numbering more than ten are said to have been constructed respectively for supplying drinking water and feeding the agricultural lands. Entire population of these panchayat halqas is said to be dependent upon these water supply schemes and khuls described in para-4 of the writ petition. Respondents are said to have proposed to tap two more water supply schemes namely WSS Wani and WSS Phagwar from the said Galigad Nallah at Nagni and Khandgore raising apprehensions in the minds of petitioners that the existing water supply schemes and Khuls using Galigad Nallah as its source will become defunct. It is pointed out that a similar effort made by respondents earlier was resisted by the inhabitants of these two Panchayat Halqas who filed a civil suit before learned Sub-Judge Kishtwar which was decreed in their favour on 29.12.2004 by passing a decree of permanent prohibitory injunction restraining the respondents from diverting water from Galigad Nallah. Thereafter, respondents are said to have proposed a new water supply scheme for the area viz Drab and Phagwar line from Kumarnag (Ghan) popularly known as Kandni Nallah with reservoir to be constructed at Agral. Despite laying pipelines, the Scheme was later abandoned for unknown reasons. According to petitioners, the respondents are again hell bent upon diverting the water of Galigad Canal, aggrieved whereof, petitioners claim to have served legal notice on respondents but to no avail.

(3.) Respondents 1 to 5 have filed objections pleading that respondent no.4 had constituted a team of technical officers of the department for computing total discharge of Galigad Nallah and the tapped discharge for irrigation and drinking water purpose. The Team visited the site and prepared a report which reveals that Galigad Nallah has three tributaries in its catchment namely Gramni Nallah, Doon Nallah and Nagni Nallah having a discharge of 12.00 cusecs, 7.50 Cusecs and 32.00 cusecs respectively. From Gramni Nallah, one irrigation Khul namely Jinwas Khul and one Zamindari Khul namely Shrawal Khul have been tapped with discharge of 4.80 cusecs in the vicinity of Jinwas (Irrigation) Khul.