IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 8391 of 2009 Date of Decision: 10.08.2009 Jagdish Sarpanch ..Petitioner Versus State of Haryana and another ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Satish Chaudhary, Advocate for the petitioner Mr. Randhir Singh, Addl. A.G. Haryana for the respondents. ***** T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to construct a hump at RD-5500 over Ujjina Drain instead of RD-36000. By a detailed order passed by us on 01.07.2009, we had directed the Chief Engineer, Yamuna Water Services Unit (YWSU), Haryana Irrigation Department, Panchkula to examine whether the construction of hump at RD 36000 provides a satisfactory solution to the irrigation problems faced by the villages situate down stream. He was also requested whether construction of a hump is feasible at village Gangwani and if it is not, whether a hump at CWP No. 8391 of 2009 [2] RD 36000 can be more appropriately located at any place between village Ter and Gangwani to provide irrigation facilities to a larger number of villages. We had further directed the Chief Engineer that in case it is found feasible to construct a hump even at village Gangwani or any other location, he may take steps to have the matter placed before the State Flood Control Board for its consideration and approval. The needful was to be done by the Chief Engineer expeditiously but not later than 10.08.2009. When the matter came up today, Mr. Singh, Addl. Advocate General, Haryana placed on record a communication duly signed by the Chief Engineer, Yamuna Water Services Unit (YWSU), Haryana Irrigation Department, Panchkula pointing out that he has examined the feasibility of constructing a hump at RD 36000 and another near village Gangwani RD-10168 Ujiana Drain and found that construction of hump at RD 36000 Ujiana Drain already approved will be taken up shortly after completing necessary formalities and that another hump at RD-10168 near village Gangwani is also feasible to redress the grievances of village Gangwani and adjoining villages. This according to Mr. Singh implies that apart from the hump originally planned, the respondents are ready to construct another hump at RD- 10168 near village Gangwani which is technically feasible and which will redress the grievances of the villages situate in the vicinity. The communication submitted by the Chief Engineer further states that the agenda for construction of another hump near village Gangwani at a cost of Rs. 26 lacs will be submitted to the Haryana State Flood Control Board in its next meeting for consideration and approval. CWP No. 8391 of 2009 [3] Learned counsel appearing for the petitioner is satisfied with the proposed construction of a hump at RD-10168 in addition to the one originally planned at RD-36000. He submits that so long as proposed hump at RD 10168 is concerned, the respondents would consider their grievances fully redressed. In the circumstances, it is no longer necessary for us to continue these proceedings on our Board. The proper course appears to us to be to dispose of this petition with a direction that the respondents shall place before the Haryana State Flood Control Board in its next meeting the proposal for construction of another hump at RD-10168 near village Gangwani which has already been found to be feasible by the Chief Engineer. We hope and trust that the Board will consider the matter objectively and grant the requisite approval for the construction of the hump, in which event the respondents would take necessary steps for construction of the said hump for the general benefit of the villagers living and owning land in the vicinity. With the above observations, this writ petition is disposed of leaving the parties to bear their own costs. (T.S.THAKUR) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE 10.08.2009 'ravinder'