GHANSHYAM SINGH Vs. STATE

JUDGEMENT

(1.) These two connected writ petitions are between same parties and relate to the same controversy and thus, these are taken up and are being disposed of by this common order.

(2.) For an agriculturist, on earth, there is nothing more dear and precious than his land and the water reaching his fields. The situation in the State of Rajasthan in this respect is more precarious than several other parts of the country where water is available in plenty and irrigation facilities with up to date latest scientific technology have reached all time high record. Struggle between have's and have nots has continued over the centuries and those having less or nothing at all cry in their own right and those who have even more than what is needed do not desire to part with it even if it goes waste and is of no use to them.

(3.) It is this controversy that is involved in the present case. S. B. Civil Writ Petition No. 2245/92 has been filed by Ghanshyam Singh and others, wherein it is said that a dam was constructed so that the water of the river be collected and may be used for the purposes of irrigation and drinking and the dam was raised to a height of 42 ft. and the flow height was kept at 29 ft. After the completion of the dam in the year 1969, it is started irrigating the fields for the purpose it was raised. It is said in this petition that there is no other source of irrigation except this dam, which is popularly known as Raipur Deepa was Luni Dam. Having read a newspaper report in Rajasthan Patrika, the petitioners felt agitated on knowing that the over-flow height of 29 ft. is being reduced by 3 ft. It is stated that by reducing this height the storage capacity shall be proportionately reduced in the dam and the lands under irrigation at present shall be deprived adequate water. It is further said that the people of the area, in case the level is reduced, shall stand deprived of the desired water to their fields. Annex. 1 is the newspaper report which has been placed on record and is under challenge.