SANJAY KAROL, CJ.:–

Facts and Proceedings

This present public interest litigation is filed seeking direction for restoration of water supply in the Tarabigha Saidnala Canal in the village of Khirbhojna in District Nawadah, Bihar as also reconstruction of damage portion thereof. Additionally, the petitioner seeks specific direction to District Magistrate, Nawadah for the protection and preservation of the canal which had been damaged by some villagers leading to suspension of flow of water to twenty five villages.

2. It is contended by the petitioner that the pandemic and resultant lockdowns forced a large number of people to return home to Bihar leaving for them, no source of income other than tilling of their lands to produce food. It is submitted in para 7 of the petition that each of these 450 persons, a list of whose name is given as Annexure-1, have four family members each, at least, and so this crisis affects more than 1800 persons.

3. The lands in the village Tarabigha and the other villages in Block Katrisarai are majorly dependent upon the above mentioned canal which is running dry since 2017 due to blockade caused by villagers of Khirbhojna. Further, that an FIR has been lodged in this regard (Anneuxre-2). It is submitted that the villagers have no water for either consumption or agriculture leading to extinguishment of income and the opportunity to plan seasonal crops as also endangering the paddy plantation season fast approaching.

4. It is further averred that the State Government is sitting idle and no steps have been taken, either for reconstruction of damaged portions or for the restoration of water flow.

5. The matter was first taken up on 21.09.2020 and the State was directed to file reply. A counter affidavit dated 16.12.2020 on behalf of respondents no.1 to 3 and 5 to 7 was filed by Executive Engineer, Irrigation Division, Biharsharif, Nalanda. The following submissions are made:-

6. The villagers of Khirbhojna opposed the construction of said canal before the Additional Collector, Nawadah by filing PLA Case No.05/07-78-78/02/80-81. An order was passed on the same on 02.02.1980 stating that this objection was not maintainable. It is submitted that this order was not challenged and is, therefore, binding.

7. The notification for construction of this canal was issued on 01.06.1980 and the process for compensation to the land so acquisitioned was initiated on 01.08.1981. The construction was completed in 2010-11.

8. Upon being informed by villagers of Tarabigha in October, 2017 that the bridge had been damaged/destroyed and the canal filled up, the Executive Engineer, Irrigation Division, directed S.D.O. Irrigation Sub-division no.03, Biharsharif to make an inspection and lodge an FIR against the miscreants. Assistant Engineer and Junior Engineer made an inspection wherein they were informed by villagers of Khirbhojna that CWJC No.16364 of 2017 titled as Indradeo Prasad Vs. State of Bihar & Ors. had been filed for restraining the construction of canal. The respondent no.7, namely Executive Engineer, Irrigation Division, Biharsharif vide letter 08.03.2018 requested Circle Officer, Warsliganj to make an enquiry about this objection and submit a report which was not done. A reminder dated 23.03.2018 for the same was also sent. However, the same has not been submitted till date. On the same date, S.D.O. Irrigation Sub-division no.03, Biharsharif was also asked to submit a proposal with respect to damaged bridge and channel. However, the inspection earlier directed could not be carried out as the villagers of Khirbhojna did not allow S.D.O. Irrigation Sub-division no.03, Biharsharif to undertake such survey. The S.D.O. Nawadah as well as the Land Acquisition Officer, Nawadah were informed on 04.06.2018 about such status by Executive Engineer, Irrigation Division, Biharsharif.

9. It is submitted that respondents are taking all appropriate steps for reconstruction as well as those against the persons who destroyed the canal.

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