A.S. OKA, J.

OVERVIEW

1. A well-known author Leonardo da Vinci once said “Water is the driving force of all nature. It is the water which gives life to everything.” Justice Holmes said “A river is much more than amenity, it is a treasure”. During last few decades, due to population explosion and climatic changes, the entire scenario has undergone a change. There has been unsustainable growth in many areas which has led to destruction of environment. Ever depleting green cover of the mother Earth and various other man made factors have brought about major climatic changes. The climactic changes have resulted into swings between floods and drought. There is an ever increasing demand of water supply for drinking and other domestic use, agriculture, industrial use etc. All this has made the water management as one of the most important and challenging issues of 21st Century. There is a huge challenge faced by the policy makers and the Governments when it comes to equitable distribution of water. The failure of the State to make equitable distribution of water is leading to serious conflicts. In fact, a leading author and economist Ismail Serageldin once observed in the year 1995 that the wars of 21st century will be fought over water. Though this observation may appear be exaggerated, during the past few years, the State of Maharashtra has witnessed agitations near various dams in the State in protest against release of water for the benefit of other regions. This Court has dealt with legal battles between the groups of people belonging to different regions on sharing of water. This group of Petitions also is an instance of such a legal battle.

2. Even the National Water Policy (2012) takes a note of the situation. Clauses (i) and (ii) of Paragraph 1.2 of the Policy reads thus:

“1.2 The present scenario of water resources and their management in India has given rise to several concerns, important amongst them are;

(i) Large parts of India have already become water stressed. Rapid growth in demand for water due to population growth, urbanization and changing lifestyle pose serious challenges to water security.

(ii) Issues related to water governance have not been addressed adequately. Mismanagement of water resources has led to a critical situation in many parts of the country.”

3. This group of Writ Petitions and Public Interest Litigations raise very important issues concerning equitable distribution of water. That is why out of turn priority was given to the hearing of this group. The issues involved in this group revolve around the water supply to various parts of Western Maharashtra and Marathwada Region. This group also involves issue of release of water from upstream reservoirs in Godavari river sub-basin for the benefit of downstream Jayakwadi dam. Unfortunately, in some of the Petitions, the dispute as projected is between the citizens of two regions of the State.

4. All the disputes will have to be decided within the four-corners of the principles laid down by the Constitution of India as well as various enactments. Before we go into the factual aspects of the cases, a brief reference to the history of the laws on the issue will have to be made. The first legislation in the field was the Bombay Irrigation Act, 1879 (for short “the said Act of 1879”). The preamble of the said Act will show that it was enacted for making a provision for the construction and maintenance of canals and for the supply of water there from. The definition of “canal” under Section 3 was very wide which included not only all the canals, channels and pipes, but the reservoirs constructed, maintained or controlled by any Government for the supply and storage of water. The said Act of 1879 covered practically all sources of supply and storage of water. Another object sought to be achieved by the said Act of 1879 was to regulate rights and obliga