SAYEED ANSARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioner Sayeed Ansari has prayed for the following reliefs:

(2.) THE facts necessary to be noticed for the disposal of this writ petition briefly stated are: that Jodhpur which forms part of the erstwhile State of Jodhpur is prone to drought and suffers drought for long spells of time. There have been periods when Jodhpur has suffered droughts for 3 years more frequently than not. This being the weather situation, water management for the purpose of supply of drinking water to the city of Jodhpur and other 222 connected villages of District Pali and Jalore, which are traditionally supplied drinking water from Jawai Dam, Sai Dam, Hemawas Dem and Lordiya Dam is very essential. As per the report prepared by the Public Health and Engineering Department, this requirement of water for drinking purpose to the city of Jodhpur and other connected 222 villages is 5100 MCFT per year. This year on account of good rains, the availability of water in jawai Dam is 7300 MCFT, out of which 494. 50 MCFT water is in dead storage and the water, loss per day is 2.50 MCFT. The loss of water in Hemawas is 6.4 MCFT per day. The water of Lordiya Dam is reserved for Pali City. In addition to this, there are other losses of water from canals of each Dam. In all the total water losses have been estimated to the tune of 2712.27 MCFT. The total availablitity of water in all these four dams in 10540.17 MCFT and after deducting the losses of water to the extent of 2712.27 MCFT, there leaves only 7027.90 MCFT water in all these four dams. It was, therefore, contended that looking to the water availability in all these four dams and further looking to the fact that this region frequently suffers from drought, water should be reserved for at least two years in all these four dams for drinking purpose.

(3.) IT was further contended that in the Godwal area, there are about 10000 wells, out of which, 6000 wells are situated in Sunicrpur Panchayat Samiti and 4000 wells exist in the territory of Ahore Panchayat Samiti and therefore, irrigation should be done through these wells.