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2008 Supreme(SC) 1030

C.K.THAKKER, D.K.JAIN
Atma Linga Reddy – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellants :A.K. Ganguli, Sr. Adv., G. Prabhakar and A. Raghunath, Advocates.
For the Respondents:Anoop Choudhary, Sr. Adv., Annam D.N. Rao, Ms. Neelam Jain, Ashok Bhan, Wasim A. Qadri, Mrs. Sunit Sharma, D.S. Mahra, Mrs. D. Bharathi Reddy, Ms. Altaf Fatima, Debojit Barkakoti, Sanjay R. Hegde, Amit Kumar Chawla and A. Rohan Singh, Advocates.

Judgment

C.K. Thakker, J. —

1.The present writ petition is instituted by the petitioners as pro-bono publico and is in the nature of Public Interest Litigation (PIL). The petitioners have approached this Court by invoking Article 32 of the Constitution praying for an appropriate writ, direction or Order, restraining respondent No. 2 - State of Karnataka and respondent No. 4 - Sree Swarna Energy Limited, from constructing a Mini Hydro Power Project at Rajolibanda Diversion Scheme (‘RDS’ for short), Raichur District, Karnataka, by quashing and canceling the Power Project. A prayer is also made to direct the State of Karnataka to regulate water at RDS anicut and to ensure smooth flow of water in the RDS canal to the extent of full allocated water of 15.9 TMC to the State of Andhra Pradesh. By way of interim relief, a prayer is made to grant stay against construction of Power Project at RDS.

2.It is stated by the petitioners in the petition that they are citizens of India and are residents of District Mehboobnagar in the State of Andhra Pradesh. They are having agricultural lands in the ayacut under RDS (Rajolibanda Diversion Scheme). According to the petitioners, RDS is an inter-State ir




















































































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