CWP No.13017 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13017 of 2008 Date of decision : April 15, 2009 Surender Singh and others ....Petitioners VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE T.S. THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA Present: None for the petitioners. Mr. Rameshwar Malik, Addl. AG, Haryana. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The present petition, in public interest, is by residents of Village Kulleri, Tehsil & District Hisar in respect of level of Kulleri minor effecting the right of villagers of irrigating their fields. It is pointed out that there were many lacunas in the L- Section of said minor from outlet No.RD-0 to Rs.20900. The respondents approved a re-revised L-Section of this minor on 5-3-1989 but the full supply level could not be maintained. The irrigation was stopped on account of certain modification done in the L-Section. The farmers approached the respondents many time for correcting the level of minor but all in vain. An announcement was CWP No.13017 of 2008 -2- made by the Hon’ble Chief Minister for correction of level of Kulleri minor on 2-7-2004. A plan for construction of draft wall was also approved. After the construction of draft wall at RD 5950, the irrigation started properly. The water velocity increased but, the irrigation of other share holders were stopped. On objection being raised, the said wall was removed. The petitioners and other villagers again approached the respondents for proper leveling of Kulleri minor as per re-revised L-Section but the irregularities have not been addressed effecting the rights of large number of residents for irrigation. In a reply filed by Executive Engineer, it was pointed out that 3395 acres was irrigated during the year 1998-99 and 5151 acres during the year 2002-03 which works out to be 85.66% and 129.97% respectively as against 62% irrigation required under the Rules. It was further pointed out that 4827 acres were irrigated during the year 2007-08 and that all the outlets on the Kulleri minor are drawing its authorized discharge. It has also been pointed out to redress the problems of share holders, the defective settled bed level between RD 5500 to 9000 Kulleri minor was filled to maintain full supply level by laying cement concrete as per estimate sanctioned by Superintending Engineer Bhakra Water Services Circle-I on 22-12-2005. On 6-1-2009, when the petition came up for hearing before this Court, the parties agreed that in case, the petitioners make a detailed representation pointing out their grievances and also suggesting the remedial steps that need to be taken to ensure the CWP No.13017 of 2008 -3- adequate supply of water to the petitioners, the Chief Engineer concerned would examine the same, inspect the spot, hear the parties and pass a speaking order thereon. In terms of the said consent, the Chief Engineer, Badopal, Water Supply Unit Haryana, Irrigation Department, Panchkula has passed an order. Copy of the said order has been produced on 12-3-2009 before this Court. It has been found that lined watercourse outlet RD. 5940-L is having higher bed levels due to which effective working head is reduced. Design of this outlet is being modified so that it draws its authorized discharge. Such remodeling is proposed to be undertaken in April 2009. It is also found that the bed of Kulleri minor from RD 0 to 11000 reach is settled by more than 0.50’ at RD. 4250, 5250, 7000 and 9000 to 11000 and that such aspects will be rectified. The report of the Chief Engineer crystallizes the problem of the villagers and also suggest the solution to the less irrigation. The remodeling is proposed to be undertaken in April 2009. Therefore, the present petition is disposed of with the directions to the respondents to give effect to the report of the Chief Engineer as expeditiously as possible. (T.S. THAKUR) (HEMANT GUPTA) CHIEF JUSTICE JUDGE April 15, 2009 manju