CWP No. 3447 of 2008 5 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 3447 of 2008 Date of decision: 3.7.2008 Dr. Satinder Dev and another ...Petitioners Versus State of Haryana and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE K.S.GAREWAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Shailender Jain, Advocate, for the petitioners. Mr. Anil Rathee, Additional Advocate General, Haryana, for respondents 1 to 6. Mr. Sandeep Kotla, Advocate, for respondents 11 and 12. K.S.GAREWAL, J. CM No.7288 of 2008 is allowed. Replication is taken on record. Main case Dr. Satinder Dev and Paramjit Singh of Barwala, Tehsil and District Hisar, own 142 kanals and 74 kanals, respectively. Near the petitioners' village a thermal plant known as Rajiv Gandhi Khedar Thermal Power Plant is coming up in village Khedar, over an area of 1250 acres. Large tracts of land have been acquired for the project. The thermal plant also requires a huge quantity of water which is to be stored in storage tanks. CWP No. 3447 of 2008 5 In order to cater for the demand of water, a feeder channel from Sarsana head was proposed. The channel runs alongside the Bhadawar Distributory towards Khedar upto RD 45010. The feeder channel then turns to flow through agricultural fields in order to reach the power plant. The petitioners' grievance is that proper alignment of the feeder channel was to the south of their holdings. But the approved alignment has been made in such a way that near the holding of petitioner 2, the channel makes a right angle turn to the right, then flows north for 4 acres to enter the holding of petitioner 2. Thereafter, the channel takes another right angle turn to the left and flows right through the holding of petitioner 2 and also to the holding of petitioner 1. It flows west for 19 acres and takes a right angle turn to the north to finally reach the thermal plant (the above alignment has been culled from the site plan Annexure P/3). The petitioners are naturally aggrieved by the alignment which has the affect of bifurcating their agricultural holdings. The other grievance of the petitioners is that the present alignment actually involves two right angle turns whereas if the channel is aligned in the proper way there would be only one such turn and the petitioners' holdings would be saved from bifurcation. According to the petitioners, the site plan Annexure P/3 was obtained by them from the office of Executive Engineer, Adampur, Water Services Division-respondent 5 under the Right to Information Act. The site plan Annexure P/3 shows the approved alignment as well as the proposed alignment. The approved being the one which cuts through the petitioners' holdings, while the proposed being the one which flows south of their holdings. CWP No. 3447 of 2008 5 The change in the alignment has been allegedly done at the behest of the private respondents. The petitioners filed representations on June 12, 2007 and September 20, 2007 (Annexures P/6 and P/7). These representations were made to the Engineer-in-Chief, Irrigation Department. Some representations were also made to the Chief Minister, Haryana. The petitioners also served a legal notice dated January 10, 2008 (Annexure P/10). In nutshell, the petitioners' submission is that instead of two bends in the proposed alignment, which affect their holdings, one bend would be better and would make the channel flow to the south of their holdings, saving them from bifurcation. Respondents were proposing to acquire the land by invoking urgency provisions of Section 17 (2) (C ) and 17 (4) of the Land Acquisition Act, whereunder the petitioners shall be deprived of filing the objections. The petitioners are seeking a direction that the akshjra/site plan (Annexure P/3) alongwith its approval be quashed and the respondents be directed to revert back to the initial alignment of the proposed channel. The respondents put in appearance and filed reply of Executive Engineer, Adampur water Services Division, on behalf of respondents 1 to 6. It was pleaded in the reply that the thermal plant was being constructed to meet the need of electricity in the region. It was being constructed in the larger public interest and 1100 acres of land has been acquired. Two units of the power stations would generate 600 MW energy each, and they required huge quantity of water. Moreover, the feeder channel was to be a fully covered channel over which huge RCC slabs would be placed. These slabs are so thick and durable that they can be even used for movement of traffic including heavy vehicles. There are no chances of the feeder channel causing any loss or damage. The covered channel would also prevent theft CWP No. 3447 of 2008 5 of water. As regards the site plan Annexure P/3, the respondents claimed that this was not the approved site plan which had been accepted by the competent authority. The feeder channel suggested by the petitioners was not viable as a petrol pump and a flour mill came in the way. The approval of the alignment had already been accorded by the Chief Engineer on September 19, 2007, after considering all the aspects of the matter. The approved alignment was Annexure R5/1. The competent authority had also approved the issuance of notification under Section 4 of the Land Acquisition Act on March 31, 2008 and urgency provision had been invoked. The thermal power station has to be constructed in a very short span of time to make it operational in January 2009. We are of the view that no change in the alignment should be done after the Chief Engineer has granted approval simply to save the holdings of some landowners from getting bifurcated. Water has to be taken through a channel from Sarsana head of Bhadawar Distributory to the thermal plant. The respondents have categorically stated that the channel shall be covered by RCC slabs which will enable even heavy vehicles to ply over it. Therefore, there is no danger of flood damage to the fields through which the channel shall pass. The alignment has been worked out by technical experts and we are of the opinion that larger public interest must be kept in view over the private interest of the petitioners. The channel has to necessarily pass through the agricultural lands falling in the way. Some loss of productivity or severance of fields is bound to occur. This can be adequately compensated through payment of compensation. We do not think this is the case in which this Court should CWP No. 3447 of 2008 5 interfere in changing the alignment which has been finally approved by the Chief Engineer. This petition being devoid of merits is dismissed. (K.S. GAREWAL) JUDGE July 3, 2008 (DAYA CHAUDHARY) prem JUDGE