B. SUBHASHAN REDDY, J.

( 1 ) "everybody, irrespective of whether he/she is rich or poor, has equal right over the water given by nature and stored by the efforts of common labour in which he/she has actively participated. Nobody should have special benefits in any way, is my firm belief and conviction. "pledge of Balirajasmriti Dam Wateruser s Co-operative. The petitioners invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India and pray for issuance of an appropriate writ declaring the action of the respondents in not releasing 11. 5 TMC of water from Somasila Project for the second crop to the Pennar Delta Ayacutdars as arbitrary, illegal, unjust, apart from being violative of fundamental constitutional guarantees contained in Articles 14, 21 and 300-A of the Constitution of India. The petitioners also pray this Court to issue directions to release water for the second crop.

( 2 ) THE first petitioner claims to be the association representing the interest of agriculturists, more particularly the Ayacutdars under Pennar Delta. Petitioner Nos. 2 and 3 are agriculturists. They are aggrieved by the decision of the respondents in refusing to release any water whatsoever for the second crop (RABI ). It is stated that by the impugned action of the respondents, all the Ayacutdars of Pennar Delta are deprived of their legitimate right to raise second crop (Rabi) in an extent of Ac. 1. 17 Lakhs under Somasila Project.

( 3 ) THE Pennar Delta Ayacutdars comprise the Nellore Ayacut and the Sangam Ayacut. It is the case of the petitioners that the Ayacutdars have been receiving water from Government sources for the purpose of agriculture for over one hundred and thirty two years. 1. 75 Lakh acres are the area of registered Ayacut of which 40% is Nellore Ayacut and 60% is the Sangam Ayacut.

( 4 ) THE Somasila Reservoir is constructed across river Pennar near Somasila village in Nellore District. The Planning Commission accorded clearance for the project in the year 1973 and the same was sanctioned for Rs. 17. 20 crores as stage-I for a limited scope to store 16 TMC of water for achieving the benefits of stabilizing 2,84,800 acres of wet land in the existing Pennar Delta and supplementation of tanks in the uplands. The Government of Andhra Pradesh latter clubbed the stages I and II with an objective to increase the storage capacity to that of 78 TMC of water with Full Reservoir Level (FRL) of 100. 58 M. There is no dispute whatsoever that stage-II is still not completed and as on today the storage capacity of the reservoir is 37 TMC of water.

( 5 ) THE existing canals under the SOMASILA Reservoir are : (1) North Feeder Channel; (2) Kavali Canal; (3) South Feeder Channel; and (4) Kanpur Canal. The water is distributed from the reservoir through North Feeder Channel (for short nfc ); South Feeder Channel (SFC) and Somasila-Kandaleru Flood Flow Fanal (SKFF) to Kandaleru Reservoir. In addition water from the reservoir is sent through the river sluices to the Sangam Anicut. In turn from Sangam anicut water is distributed through Kavali Canal, Kanupur Canal, Nellore Tank, Kanigiri Reservoir and Nellore anicut which is on the downstream of Sangam anicut. From Nellore anicut water is supplied through Sarvepalli Canal to the Sarvepalli Reservoir and through Jafer Sahab Canal directly for irrigation to the Pennar Delta. The ayacut under the Kanigiri Reservoir, Nellore tank, Sarvepalli Reservoir and Jafer Saheb Canal constitute the Pennar Delta.

( 6 ) THE total ayacut in Pennar Delta as envisaged under the Somasila project report is of 1,75,000 acres towards Kharif wet and 19,000 acres towards Rabi wet. It is the admitted case that unlike the ayacut situated under NFC, SFC, Kavali canal and Kanupur canal, the ayacut located in Pennar Delta are supplied water for two crops. The developed Ayacut in Pennar Delta for Kharif wet is 2. 50 Lakh acres land for Rabi wet crop and the actual irrigated ayacut varies depen

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