Civil Writ Jurisdiction Case No.3521 of 1993 In the matter of an application under Articles 226 & 227 of the Constitution of India. **** 1. Saryu Roy son of late Shree K P Roy, Convenor, Sone Anchal Kisan Sanghars Samity, At & P.O. Khanita, District Buxar 2. Swami Nath Tiwari son of late Rajgrihi Tiwari, Member, Legislative Assembly, At & PO Nainijore, District Buxar 3. Kailash Pati Mishra son of Late Pt. Hajari Mishra, At & PO Buxar, District Buxar 4. Awadh Singh son of Late Shri Ram Khelawan Singh, resident of Village Jhari, PO Danowa, District Aurangabad 5. Prabhunath Singh son of late Shri Deonath Singh, resident of village & PO Chhotaka Rajpur, District Buxar 6. Shiva Nand Tiwari son of Late Pt. Ramanand Tiwari, resident of village Ramdihra, PO Belwania, District Bhojpur 7. Gopal Narayan Singh son of Shri Deo Narayan Singh, resident of Village & PO Jamuar, District Rohtas 8. Badri Singh son of late Shri Bhusan Singh, village & PO Chiriya, District Bhabhua 9. Ganpat Chaudhari, son of Kapur Chaudhary, village & PO Kukurha, Distt. Buxar 10. Dr. Ramashankar Singh son of Musafir Singh, Village Rajpur, PO Hethua Rajpur, District Buxar 11. Surya Prasaad Singh, son of late Babu Ram Dhani Singh, resident of village & PO Lalganj, District Buxar 12. Birj Bihari Singh son of late Ram Janam Singh, resident of village & PO Sikthi, District Buxar 13. Ramashish Singh son of late Gaya Prasad Singh, resident of village & PO Mahdah District Buxar 14. Ram Narayan Singh son of Kamta Singh, resident of village Santh, PO Itarhi, District Buxar 15. Ramadhar Singh son of .. resident of village and PO Parasi, District Buxar 16. Jagdish Singh son of ... resident of village & PO Itarhi, District Buxar 17. Parshuram Pathak son of late Ram Nagin Pathak, resident of village and PO Itarhi, District Buxar 18. Mahanth Pathak son of late Inar Pathak resident of resident of village and PO Itarhi, District Buxar 19. Janak Raj Pathak son of Sidhnath Pathak resident of village and PO Itarhi, District Buxar 20. Bhrigu Nath Singh son of late Kedar Singh resident of village & PO Basudhar, District Buxar 21. Triyogi Choubey son of Bhuneshwar Choubey resident of village and PO Bhakhauan, District Buxar 22. Ram Sigasan Mishra son of late Ram Sundar Mishra, resident of village and PO Konch, District Buxar 23. Ganesh Pathak son of late Baijnath Pathak resident of village and PO Itarhi, District Buxar 24. Gobardhan Pandey son of Kamala Pandey resident of vilalge 2 Gharari, PO Deorhiya, district Buxar 25. Ram Bahadur Singh son of late Radha Singh resident of village Jaipur, PO Badudhar, District Buxar 26. Bishwamitra Singh son of Kailash Singh resident of village Santh, PO Itarhi, District Buxar 27. Nabi Bux son of late Shahbag Bux, resident of Baksara, PO Itarhi, district Buxar 28. Krishnaji Ojha son of Dukhan Ojha, resident of village and PO Mahila, District Buxar 29. Baleshwar Prasad Singh son of late Mathura Singh, resident of vilalge and PO Basudhar, District Buxar 30. Rameshwar Upadhyay son of .. resident of village Kadja, PO Rampur, District Buxar 31. Balak Das son of late Jagdish Singh resident of village and PO Basudhar District Buxar 32. Ramayan Choubey son of late Kedar Choubey, resident of village Sawa Bahar, PO Unuwans, District Buxar 33. Vyas Muni Ray son of late Ramadhar Ray, resident of village Kawal Pokhar, PO Itarhi, District Buxar 34. Shri Bhagwan Rai son of late Indrasan Rai, resident of At and PO Arjunpur, District Buxar 35. Ram Pravesh Singh son of Shri Talkeshwar Singh, resident of At & PO Bharatpura, District Patna 36. Babu Ram Yadav son of late Keshwar Yadav, resident of At Motha, PO Bhadasi, District Jehanabnad 37. Ram Lal Thakur son of Shri Ram Chandra Thakur, resident of At & PO Man Sagar, District Bhojpur 38. Raghupati Gope, Ex. MLA, son of Ram Barai Singh, resident of At & PO Nagraon, District Bhojpur 39. Kashi Nath Singh son of Sri Rajkishore Singh resident of village Amai, PO Hasan Bazar, District Bhojpur 40. Hari Narain Singh, Ex MLA, son of late Rajgrihi Singh, resident of vilalge and PO Barnao, District Bhojpur 41. Nepal Singh son of Late Dwarka Singh, resident of village Bankat, PO Barnao, District Bhojpur 42. Gupta Narayan Prasad son of Dhrub Narayan Prasad, resident of village and PO Jagdishpur, District Bhojpur 43. Mukutdhari Sharma son of Ram Nand Singh, resident of village and PO Chainpura, District Bhojpur 44. Jai Bahadur Singh son of late Jagarnath Singh, resident of vilalge and PO Kopawan, District Buxar 45. Ashok Kumar Singh son of Sri Ram Nath Singh, resident of village Pawat, PO Behra, District Bhojpur 46. Ram Bihari Singh son of Baidya Nath Singh, resident of village and PO Bhadar, District Buxar 47. Net Lal Singh son of not known to the petitioner, resident of village and PO Dahiwar, District Buxar 48. Shri Vijay Kumar Madan, son of Akhauri Bhagwan Prasaad, resident of village & PO Amala Toli, Buxar, District Buxar 49. Chandra Shekhar Yadav son of late Gurucharan Singh, resident of village Kharati, PO Siyadih, District Bhojpur 50. Yogendra Bahadur Singh son of late Shyam Sundar Singh, 3 resident of village and PO Badhauna, District Buxar 51. Ram Kumar Sharma son of Sri Ishwar Nath Singh, resident of village and PO Shahar Rampur, District Patna 52. Md. Galib Khan son of .......... resident of village Piru, PO Haspura, District Aurangabad (Bihar) 53. Sidheshwar Nath son of Radha Raman Singh, resident of village and PO Indaura, District Buxar 54. Karamchand Sisngh son of Laxman Prasad Singh, resident of village and PO Awarhi, District Rohtas 55. Bashisth Narayan Singh son of late Bishwanath Singh, resident of village Santh, PO Itarhi, District Buxar 56. Gupteshwar Rai son of late Sheodhan Rai, resident of village and PO Khanita, District Buxar 57. Om Prakash Rai son of Brahmdeo Rai, resident of village and PO Khanita, District Buxar 58. Gupteshwar Nath Ojha son of Nathun Ojha, resident of village Basanwa, PO Mahila, District Buxar 59. Badri Nath Choubey son of Baij Nath Chaubey, resident of village Basanwa, PO Mahila, District Buxar 60. Hari Narayan Upadhyay son of Brahmdeo Upadhyay, resident of village and PO Mahila, District Buxar 61. Kanhaiya Rai son of Parmeshwar Rai, resident of village & PO Khanita, Dist. Buxar 62. Arun Kumar Rai son of resident of village and PO Pasahara, Dist. Buxar 63. Benkteshwar Prasad Singh son of late Amardayal Singh, resident of village and PO Basudhar, District Buxar 64. Raghunath Roy son of late Thakur Roy resident of village Dehariya, PO Basudhar, Dist. Buxar 65. Vijay Bahadur Singh son of Bishwanath Singh resident of village Hakimpur, PO Sukarwalia, Dist. Buxar 66. Dhruwa Narayan Rai son of Ram Jas Singh resident of village Dehariya, PO Basudhar, Dist. Buxar 67. Laxman Singh son of Chandradeo Singh resident of village Harpur, PO Khanita, District Buxar 68. Badri Prasad Singh son of Sheo Prasad Singh resident of village Harpur, PO Khanita, District Buxar 69. Ram Pravesh Thakur son of Dwarika Thakura, resident of village Harpur, PO Khanita, District Buxar 70. Mahendra Thakur son of Kashi Nath Thakur, resident of village Harpur, PO Khanita, District Buxar 71. Ram Bihari Singh son of Basistha Singh resident of Nuaon, PO Khanita, District Buxar 72. Ram Narayan Singh son of not known to the petitioner resident of vilalge Nuaon, PO Khanita, District Buxar 73. Ram Jagi Tiwari son sof Surya Nath Tiwari resident of village Ramdiha, PO Bokasa Dist. Buxar 74. Awadhesh Rai son of Rajeshwar Rai, resident of village Ramdiha, PO Bokas, Dist. Buxar 75. Sri Bihar Thakur son of Markat Thakur, resident of village Harpur, PO Khanita, District Buxar 76. Rameshwar Singh son of Sri Benkteshwar Singh resident of 4 village & PO Nadanwa, Dist. Buxar 77. Ajay Kumar Singh son of not known to the petitioner resident of village Nadanwa, PO Nadanwa, Dist. Buxar 78. Mahendra Tiwary son of Sri Satya Narayan Tiwari, resident of Bairi, PO Mahdah Dist. Buxar 79. Uttam Singh son of Sri Nagina Singh resident of village & PO Orap, Dist. Buxar 80. Ramadhar Choudhary son of late Ram Bachan Choudharu, resident of village Bhitihara, PO Kukurha, Dist. Buxar 81. Parsuram Prasaad son of Sri Keshav Prasad resident of village and PO Itarhi, Dist. Buxar 82. Sitaram Prasaad Gupta son of late Sri Bishwanath Gupta, resident of village and PO Itarhi, Dist. Buxar 83. Ashok Prasad Keshri son of sri Dwarika Prasaad resident of village and PO Itarhi, Dist. Buxar 84. Bhola Shankar Bandhu son of late Sri Mukhan Singh, resident of village & PO Itarhi, Dist. Buxar 85. Saryu Singh son of late Sri Ram Janam Singh, resident of village Baksara, PO Itarhi, Dist. Buxar 86. Uday Narayan Chaudhari son of Sri Gaya Chaudhari, resident of village Bijhaur, PO Kukurha, Dist. Buxar 87. Surendra Kumar Singh son of late Ram Janam Singh, resident of village Baksara, PO Itarhi, Dist. Buxar 88. Awadh Bihari Singh son of late Ram Briksh Singh, resident of village Bijhaura, PO Kukurha, Dist. Buxar 89. Lal Bahadur Singh son of late Balmukund Singh, resident of Bijhaura, PO Kukurha, Dist. Buxar 90. Shyam Narayan Pathak son of Sri Kedar Pathak, resident of village Bijhaura, PO Kukurha, Dist. Buxar 91. Kashi Nath Singh son of Sri Sukar Singh, resident of village Tajpur, PO Itarhi, Dist. Buxar 92. Madan Singh son of late Soroti Singh, resident of village Tajpur, PO Itarhi, Dist. Buxar 93. Baban Singh son of late Dhanraj Bin, resident of village Tajpur, PO Itarhi, Dist. Buxar 94. Ram Sigasan Singh son of late Babulal Singh resident of village Bijhaura, PO Kukurha, Dist. Buxar 95. Ram Suresh Sah son of late Chuman Sah, resident of village Bijhaura, PO Kukurha, Dist. Buxar 96. Jiut Singh son of Sri Raghunandan Singh, village Bijhaura, PO Kukurha, Dist. Buxar 97. Yukti Nath Pathak son of late Kapildeo Pathak, resident of villae Lohandi, PO Kukurha, Dist. Buxar 98. Brij Bihari Mishra son of Jagdish Mishra, resident of village Baksara, PO Itarhi, Dist. Buxar 99. Rameshwar Prasaad son of late Jamuna Sah, resident of village Bijhaura, PO Kukurha, Dist. Buxar 100. Kailash Prasaad Keshri son of Kashi Nath Sah, resident of village Baksara, PO Itarhi, Dist. Buxar 101. Nathuni Singh son of Ssuraj Singh, resident of Village Karanpura, PO Itarhi, Dist. Buxar 102. Anish Prasad, son of Raghunath Prasad,s resident of village 5 Lohandi, PS Kukurha, Dist. Buxar 103. Indradeo Pandey son of resident of village Jamuaon, PO Kukurha, Dist. Buxar 104. Man Bharu Singh son of Sri Ram Sihasan Singh, resident of village Baksara, PO Itarhi, District Buxar 105. Nathuni Singh son of Sri Gudi Singh, resident of village Baksara, PO Itarhi, Dist. Buxar 106. Awadh Bihari Bin son of Kishor Bin, resident of village Khatiba, PO Itarhi, Dist. Buxar 107. Shiv Muni Singh son of Late Babuli Yadav, resident of village Pakri, PO Itarhi, Dist. Buxar 108. Paras Mishra son of late Rajeshwar Mishra, resident of Konch, PO Itarhi, Dist. Buxar 109. Bishwanath Sah son of late Parmeshwar Sah, resident of village Konch, PO Itarhi, District Buxar 110. Ambika Singh son of Sri Laxman Singh resident of village Karmi, PO Kukurha, Dist. Buxar 111. Raj Narayan Ojha son of late Yoshoda Ojha, resident of village and PO Mahila, Dist. Buxar 112. Gopal Sharma son of Gupteshwar Sharma, resident of village and PO Itarhi, Dist. Buxar 113. Lalan Choubey son of Paramhans Chaubey, resident of villag Lohandi, PO Kukurha, Dist. Buxar 114. Rameshwar Singh son of Sri Rama Singh, resident of village Karmi, PO Kukurha, Dist. Buxar 115. Prakash Pathak son of Kedar Pathak, resident of Lodhas, PO Nihalpur, District Buxar 116. Ram Bihari Singh son of not known to the petitioner resident of village Lodhas, PO Nihalpur, Dist. Buxar ..........Petitioners Versus 1. Union of India through the Secretary, Ministry of Water Resources, Shram Shakti Bhawan, Rafi Marg, New Delhi 2. Secretary, Government of India, Ministry of Energy, Shram Shakti Bhawan, Rafi Marg, New Delhi 3. National Thermal Power Corporation through the Chairman- cum-Managing Director, Scope Building, CGO Complex, New Delhi 4. Government of Uttar Pradesh through the Secretary, Department of Irrigation, Sinchai Bhawan, Lucknow 5. Secretary, Department of Energy, Government of Uttar Pradesh, Lucknow 6. Uttar Pradesh State Electricity Board through the Chairman, Lucknow 7. Government of Bihar through the Secretary, Department of Water Resources, Bihar, Patna 8. State of Chattisgarh through its Chief Secretary, Raipur 9. State of Madhya Pradesh, through its Chief Secretary, Bhopal 10. State of Jharkhand through its Chief Secretary, Ranchi 11. Secretary, Deptt. of Water Resources, Govt. of Madhya Pradesh, Bhopal 6 12. Secretary, Department of Law, Govt. of Madhya Pradesh, Bhopal .... .... Respondents ******* For the Petitioners: : Mr. Sanjay Kumar, Advocate Mr. Anjani Kumar Saran, Advocate Mr. Saryu Roy- in- person For Respondent no.1 : Mr. S N Pathak, SCCG Mr. Ragib Ahsan, Sr. Advocate, ASG Mr. Gopesh Kumar, Advocte,CGC For Respondents no.2 &3: Mr. Anil Kumar Sinha, Advocate Mr. K D Chatterjee, Sr. Advocate For Respondents no.4 & 5: Mr. Gopesh Kumar, Advocate Mr. Purushottam Kr. Jha, Adv Mr. Shiv Kumar, Advocate For Respondent no.6: Mr. F R Mallick, Advocate For Respondent no.7: Mr. Mr. Anshuman Singh, Advocate For Respondent no.8: Mr. Dhananjay Kumar Singh Advocate For Respondent no.9: Mr. Devendra Kr. Sinha, Sr. Advocate Mr. Abhinay Raj, Advocate For Respondent no.10: Mr.Satyavarta Verma, Advocate P R E S E N T HON’BLE MR. JUSTICE SUDHIR KUMAR .KATRIAR HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH S K KATRIAR, J. This writ petition in the nature of a Public Interest Litigation has been preferred by the farmers of various villages of the erstwhile districts of Shahabad and Patna in the State of Bihar. The districts have recently been bifurcated into different districts. The erstwhile district of Shahabad has been split into present districts of Buxar, Bhojpur, Rohtas, and Kaimur. The petitioners have been irrigating their lands from the Sone canal network created way back in 1874 for irrigation 7 facilities in the then district of Shahabad, and complain that the flow of water in river Sone has substantially reduced because of the intervention in the State of Uttar Pradesh, and seek directions for remedial measures so that agricultural activities in these districts do not suffer. 2. A brief statement of facts essential for the disposal of this writ petition may be indicated. River Sone originates at village Amar Kantak in the district of Shahdol, State of Madhya Pradesh. It traverses through five States, namely, the States of Madhya Pradesh, Chattisgarh, Uttar Pradesh, Jharkhand, and Bihar. The river merges itself in river Ganga at Maner, near Patna. 2.1) Way back in 1853, the British Government conceived of a network of canals for irrigation facilities covering the then district of Shahabad to be fed by the waters of river Sone. The Sone canal system was completed in 1874 covering 1901 kms., irrigating 22.50 lakh acres of land, which continued till 1960. The entire water of Sone river flowed through the State of Bihar as a result of which the Sone canal system had throughout the year adequate water to irrigate the fertile lands of the then district of Shahabad. The district, therefore, acquired the reputation of the rice-bowl of Bihar. 2.2) After India gained independence, development work was undertaken by the State of Uttar Pradesh which seems to be substantially water-dependent. This led to conflict of interest between the States of Madhya Pradesh and Bihar. The 8 uninterrupted and total flow of water of the river from 1874 to 1960 into Bihar feeding the wide network of Sone canal system started receiving depleted quantity of water affecting the irrigation facilities, particularly the district of Shahabad. In more than substantially agriculture-dependent State of Bihar, the rice- bowl has sufferred a serious casualty. This led to a number of meetings and agreements between various riparian States. 2.3) The problem particularly accentuated after the Uttar Pradesh Government decided to set up Rihand Dam on Rihand river, a tributary of Sone river, in the year 1962. This led to conferences and agreements between the States of Uttar Pradesh, Madhya Pradesh, and the State of Bihar. We may usefully refer to the Bansagar agreement dated 16.9.1973 (Annexure 4), between the three States. This was followed by another agreement of the same date (Annexure 5), between the States of Uttar Pradesh and Bihar. This was followed by order dated 1.3.1980, to constitute Sone River Commission by the Government of India, to go into the diverse issues, which submitted its report in 1981. This was followed by a Joint Operation Committee for Rihand Reservoir by order dt. 30.10.1992 (Annexure B series). There are other reports and minutes of discussion between the various States. This was followed by creation of Joint Operation Committee confined to Rihand Reservoir. 3. The conflict of interest between the States of Uttar Pradesh and Bihar was accentuated by further developments 9 which were entirely of industrial nature. The State of Uttar Pradesh, or a Public Sector Undertaking of Govt. of India (respondent no.3), wanted to set up industries on the banks of the river which for its operation needed water from Sone river, a good deal of which was of consumptive nature. We are informed at the Bar that consumptive use of water connotes that, after its use for the purpose in hand, it is not at that stage available for further use because it loses its existence as water. For example, if water is used for irrigation facilities, it loses its existence and is no longer available there. The State of Uttar Pradesh also contemplated grant of licence to different private entrepreneurs to set up industries which would draw water from the river. Some of them have been given clearance, and the rest await clearance on account of intervention of the State of Bihar. 3.1) We must take note of a very important development in the present context. The Parliament brought on the statute book the Bihar State Reorganization Act 2000 (Act 30 of 2000), as a result of which the present State of Jharkhand was carved out of the undivided State of Bihar with effect from 15.11.2000. Similarly, the Parliament enacted the Madhya Pradesh Reorganization Act 2000 (Act 28 of 2000), as a result of which the present State of Chhattisgarh was carved out of the erstwhile undivided State of Madhya Pradesh. The net result of promulgation of these two Acts of the Parliament is that there are now five riparian States, and the Sone river now traverses through five States all of which are now entitled to their 10 independent stand. 3.2) In so far as the issues raised in the present writ petition are concerned, the dispute mainly appears to be between the States of Uttar Pradesh and Bihar mainly because hydro- electrical and industrial activities involving consumptive use of water are taking place in the State of Uttar Pradesh which are adversely affecting the agricultural interests of the State of Bihar. To this has to be added the promulgation of the National Water Policy 2002 (enumerated in the counter affidavit of Respondent no.7). The net result of creation of the industrial units on the banks, or near about river Sone or its tributaries, in the State of Uttar Pradesh has substantially reduced the flow of waters of river Sone in the State of Bihar. The position which seems to emerge is that the Sone canal network is starved of water adversely affecting the agricultural operations in the erstwhile district of Shahabad consequently the rice-bowl of Bihar. It is further relevant to state that, after creation of the two new States, meetings have taken place between the five States under the aegis of the Central Government. 4. The position which clearly emerges before us on the basis of the materials on record, is that a serious and bonafide dispute regarding sharing of river water has undoubtedly arisen between the States of Uttar Pradesh and Bihar. We wish to caution the Central Government as well as the five riparian States, particularly the States of Uttar Pradesh and Bihar, that they should now rise to the occasion to solve the problems before 11 it gets out of control. Protracted meetings, discussions, resolutions of the Governments so far, all of which are non- statutory in nature, though may be efforts to solve the problems by negotiated settlements, have failed to solve the problem. The problem is simmering and should be solved before unhappy situations arise. Violence should not be the only cause of action for constructive settlement. Principle of non-violence must never be under-estimated. To use the biblical expression – let swords ought to be beaten into plough-shares. 5. In this back-ground, we proceed to examine the contentions advanced on behalf of the learned counsel for the parties. Mr. K D Chatterjee appearing for respondent no.3 submits that the present writ petition is not maintainable. In view of the strident provisions of Article 262 of the Constitution of India, the Courts are completely denuded of the jurisdiction to deal with disputes relating to waters of inter-State rivers or river valleys. Article 262 of the Constitution of India is reproduced hereinbelow:- “ 262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.- (1) Parliament may by law provides for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter –State river or river valley. (2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).” In view of the mandate of the Article 262, the Parliament in its 12 wisdom simultaneously brought on the statute book the Inter- State Water Disputes Act 1956 (Act XXXIII of 1956), and River Boards Act 1956 (Act 49 of 1956), which provide the only judicial forum to solve inter-State river water disputes. Learned counsel for the remaining respondents have in one voice supported the preliminary objection raised by the learned counsel for respondent no.3. 6. Petitioner no.1 appearing in person challenges the validity of the preliminary objection and submits that, in view of the nature of the dispute raised by the petitioners, it is not covered by the provisions of Article 262 of the Constitution of India read with the two Acts of the Parliament. He submits that such Tribunals do not serve any practical purpose, hardly solve a dispute, are very time-taking, and experience has shown that those are inefficacious remedies. He submits in the same vein that the petitioners do not raise the larger issues which may pervade the water-sharing dispute between the riparian States. The petitioners confine their grievances to the effect that, in view of the historical back-ground of creation of the Sone Canal System in 1874, which continued till 1960, the same should continue to be fed with adequate water for the agriculture- dependent population of the area. In his submission, this does not raise any dispute between two States, and the relief prayed for in this writ petition may be granted de hors Article 262, read with the Acts of the Parliament. 7. We have considered the submissions of the learned 13 counsel for respondent no.3 fully supported by the remaining respondents, and strongly opposed by petitioner no.1 on the question of maintainability of this writ petition. In our view, the issues raised in the present proceeding undoubtedly raises a serious, important, and significant issue regarding sharing of river-waters between the riparian States, particularly the States of Uttar Pradesh and Bihar. It appears to us that the State of Bihar enjoyed monopoly of use of Sone waters upto 1960. The problems commenced, and started accumulating, after the Govt. of Uttar Pradesh set up the Rihand Reservoir followed by its further grandiose plans of industrial projects based on the waters of the river Sone and its tributaries. The historical back- ground of monopoly use of the waters of river Sone till 1960