Kachchh Jal Sankat
Nivaran Samiti & Ors. Vs. State of Gujarat & ANR.
O R D E R
Heard learned counsel
for the applicant(s)/petitioner(s). This interlocutory application for directions
is filed in the special leave petition. The special leave petition has been filed
against the judgment of the Gujarat High Court dated 04.10.2005 dismissing the writ
petition filed by way of Public Interest Litigation. The prayer in the Writ
Petition related to the alleged grievance of meagre allocation of water from Sardar
Sarovar Dam by the State Government of Gujarat to the district of Kuchchh which
is alleged to constitute 1/4th of the total area of the State of Gujarat and is
alleged to be a drought prone district. By means of the impugned judgment the Division
Bench of the High Court dismissed the writ petition holding that there are no judicially
manageable standards for adjudication for allocation of water in favour of any
region within the State.
The Government is the
best judge to decide how much water should be released from the Narmada Canal
to Kuchchh and how much water is to be left for other regions. All these decisions
require delicate balancing and consideration of complex social and economical considerations
which cannot be brought under the judicial scrutiny. In fact, the State Government
has accepted the decision of the Narmada Water Disputes Tribunal which cannot be
said to be arbitrary. Now, this interlocutory application for interim directions
has been filed with the following prayers
a.
"to
appoint a committee comprising of experts to go into the pros and cons of various
alternative systems of mode of conveyance of Narmada waters through Kachchh Branch
Canal to the region of Kachchh with reference to cost benefit ratio and other relevant
aspects and be further please to direct the committee to submit a detailed report
in this regard to the Hon'ble Court, and this Hon'ble Court be further pleased to
pass further appropriate orders on receipt of such expert report.
b.
Restrain
the respondents from commencing the construction of proposed Kachchh Branch Canal
until the aforesaid exercise is completed by this Hon'ble Court.
c.
Direct
the respondents to consider the relative cost advantage among various methods for
transportation of water through Kuchchh Branch Canal.
d.
Direct
the respondents to consider the relative cost advantage in transporting water through
Kuchchh Branch by pipeline as suggested by CWC.
e.
Direct
the respondents to present facts and figures on the basis of which the decision
to transport the water through Kuchchh Branch Canal has been arrived at by the
respondents.
"We are of the
opinion that the prayer for allocation of adequate water in Kuchchh district is
not one which can be a matter of judicial review. It is for the executive authorities
to look into this matter. As held by this Court in Divisional Manager, Aravali Golf
Club & Anr. Vs. Chander Hass & Anr. (2008) 1 SCC 683, there must be judicial
restraint in such matters. For the reasons above stated, we are not inclined to
grant any of the prayers made in the interlocutory application. The interlocutory
application is dismissed accordingly.
..........................J.
(MARKANDEY KATJU)
..........................J.
(CHANDRAMAULI KR. PRASAD)
NEW
DELHI;
JULY
22, 2011
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