HARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition in the nature of public interest litigation has been filed with a prayer for direction to the respondents to utilize the water from the reservoir of Gopalpura medium irrigation project only for rabi season and not for kharif crop season. The prayer is also made to ensure that unauthorized or illegal draws of water from the reservoir or the canals is stopped.

(2.) Learned counsel for the petitioner submitted that the petitioner represents a cause of the villagers who are at the far end of the dam and on account of the government polices and uncontrolled illegal drawl of water no supply reaches these villages either for irrigation and even for drinking purpose.

(3.) The respondents have appeared and filed a reply in which it is stated inter-alia that the dam was constructed for the purpose of collecting rain water and provide irrigation facilities to 5458 hectares of land in 33 villages of the area. The total capacity of the dam is 32.63 MQM and the water retention capacity of the dam is 32.01 MQM. The distribution of water is being done for optimum utilization of the water and with understanding arrived at between the farmers through negotiations. Further details of the decision making process for distribution of such water through different irrigation seasons in consultation with the local farmers is also narrated in the reply.