IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5205 of 2006 1. ALOK KUMAR JHA, SON OF SRI DINESH KUMAR JHA, RESIDENT OF CHANPURA PACHHIYARI TOLA 2. SOMNATH CHAUDHARY SON OF SRIKESHWAR CHAUDHARY, RESIDENT OF CHANPURA PURWARI TOLA. 3. BIDESHWAR CHAUDHARY SON OF LATE BISHAMBAR CHAUDHARY, RESIDENT OF CHANPURA PURWARI TOLA. 4. BRAJ KUMAR CHAUDHARY SON OF LATE BISHAMBAR CHAUDHARY, RESIDENT OF CHANPURA PURWARI TOLA. 5. NAGENDRA CHAUDHARY SON OF SRI NAGESHWAR CHAUDHARY RESIDENT OF CHANPURA PURWARI TOLA. 6. RAVINDRA NATH CHAUDHARY SON OF SRI DAYA NATH CHAUDHARY RESIDENT OF CHANPURA PURWARI TOLA. 7. GOVING CHAUDHARY SON OF LATE BILAT CHAUDHARY, RESIDENT OF CHANPURA PURWARI TOLA. 8. KUMAR KANT CHAUDHARY SON OF LATE ANIRUDH CHAUDHARY, RESIDENT OF CHANPURA PURWARI TOLA. 9. SITA RAM SAH SON OF LATE DHILO SAH, RESIDENT OF CHANPURA PURWARI TOLA, ALL OF P.O. DHANUKHI, CHANPURA P.S. BENIPATTI, DIST MADHUBANI. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM- SECRETARY, WATER RESOURCES DEVELOPMENT DEPARTMENT, SINCHAI BHAWAN, HARDINGE ROAD, PATNA-800001. 2. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, SINCHAI BHAWAN, HARDINGE ROAD, PATNA-800001. 3. THE DISTRICT MAGISTRATE, MADHUBANI. 4. THE BLOCK DEVELOPMENT OFFICER, BENIPATTI, DISTRICT MADHUBANI. ----------- 12. 04.05.2011 Heard learned counsel for the petitioner and the counsel for the State who filed counter affidavit in the light of the deliberations made in this Court on 7.4.2011 and 18.4.2011 with the officers of the State Government heading the Flood Protection Wing in the Water Resources Department of the State Government. Petitioner has also filed rejoinder to the said affidavit. 2. Petitioners are resident of Western, Eastern Tola of village Chanpura, police station Benipatti in the district of 2 Madhubani, which is within the Adhwara Basin. It is submitted on their behalf that as Chanpura village is within river basin the residents are affected by the flood waters of Adhwara group of rivers from time to time. In this connection, petitioners had approached this Court earlier by filing C.W.J.C. No.1941 of 1982 which was disposed of under orders dated 7.11.1983 directing the authorities of the State Government to ensure flood protection of the area after hearing the objections of the petitioners and other affected persons and to take compassionate view of the matter so as to ensure that petitioners are not inundated by the flood waters of Adhwara group of rivers. In the light of the direction of the High Court dated 7.11.1983 passed in C.W.J.C. No.1941 of 1982 as also another order of the High Court dated 5.5.2005 passed in C.W.J.C. No.5427 of 2005, Annexure-7 a technical committee was constituted by the State Government under resolution bearing letter no.1383 dated 12.5.2006, Annexure-C to the counter affidavit, which submitted report dated 25.5.2006 which was forwarded to the State Government under letter dated 26.5.2006, Annexure-I to the first counter affidavit. 3. During the hearing of the writ petition on 7.4.2011 and 18.4.2011 it was submitted by the counsel for the petitioners that counter affidavit which has been filed in the matter has been filed by the Executive Engineer without obtaining the orders of the State Government on the report of the special working group dated 25.5.2006. In appreciation of such submission this Court 3 asked the State authorities to file supplementary counter affidavit informing this Court about the decision which the Government has taken over the report of the special working group dated 25.5.2006. In this connection, officers present in this Court on 7.4.2011 and 18.4.2011 were asked to deliberate the matter in the context of the report dated 25.5.2006 and to file supplementary counter affidavit. In compliance of the aforesaid direction of the High Court second supplementary counter affidavit has been filed on behalf of respondent nos.1 and 2, in which it has been categorically stated that in compliance of the order/direction dated 18.4.2011 passed in the writ petition, the State respondents are bringing on record the facts relating to flood protection scheme in Adhwara basin, which include the surrounding area of Chanpura village. In paragraph-4 of the second supplementary counter affidavit it has been admitted that the special working group was constituted to look and give technical suggestion in the mater relating to Chanpura Ring Bandh. In paragraph-6 of the said affidavit it has been stated that in order to provide protection as well as irrigation facility in Adhwara basin comprehensive planning has been envisaged by the Government for which allotment of Rs.4,30,000/- has been sanctioned by the department to do the survey work. The said survey work has already begun and is targeted to be completed by the end of June, 2011. Further it has been stated in paragraph- 8 of the said affidavit that after completion of the aforesaid survey work and after taking due administrative approval and 4 acquiring the land the execution work for providing protection as well as irrigation facility in the Adhwara basin shall be taken up, which is likely to be completed by financial years 2013-14 provided the legal procedures for land acquisition are over by 2012-13. In paragraph-9 of the said affidavit the deponent has further undertaken to provide flood protection to the Sanskrit College and the adjoining area during 2011 flood by doing flood fighting work in the said area. 4. Counsel for the petitioner disputes the averments made in the second supplementary counter affidavit filed on behalf of respondent nos.1 and 2 stating that the authorities of the State Government have not taken any decision on the report of the special working group dated 25.5.2006, Annexure-C and the proposal set out in the second supplementary counter affidavit, paragraphs-6, 8, 9 is only an attempt of the State authorities who have sworn second supplementary counter affidavit to deflect the request of the petitioners for grant of flood protection. 5. From the contents of the second supplementary counter affidavit filed on behalf of respondent nos.1 and 2 noted above, I am satisfied that the State Government has considered the report of the technical committee dated 25.5.2006, Annexure-C and has proceeded for another survey and in the light of the another survey report they are to take comprehensive steps for providing not only flood protection but also irrigation facility in Adhwara basin, which is likely to be concluded by 5 2013-14 provided the land acquisition is completed by 2012-13. In the light of the second supplementary counter affidavit, I am satisfied that the State Government having taken comprehensive view in the matter has proceeded to provide not only the flood protection but also irrigation facility in Adhwara basin, as such, the writ petition is disposed of directing the State Government to fulfil its commitment made to this Court in paragraph-6, 8 of the second supplementary counter affidavit duly affirmed by Sri Chandrika Tiwary, the Executive Engineer, Flood Control Division, Darbhanga. Rajesh/ ( V.N. Sinha, J.)