The Act vests ownership of water sources with the Government, excluding Civil Courts' jurisdiction in water-related matters, and emphasizes the State's responsibility to provide for drinking water and irrigation needs.

1. The writ petition on hand, filed in representative capacity by petitioners Gulab Chand and Baldev Singh Rana, former being the Sarpanch of Panchayat Halqa Trigam-C and the later being the Sarpanch of Panchayat Halqa Janwas- Tehsil and District Kishtwar seeks the following relief:-

"Mandamus; so as to command and direct the respondents not to divert the water of Galigad Nallah for proposed WSS Wani and Phagwar or any other scheme which will deprive the inhabitants of panchayat Galigad and Janwas from drinking water facility as well as the agricultural source on which major population of the area survives and which is lone source of earning livelihood, as from the said Nallah already more than Ten water supply schemes (pipe lines) and Ten Irrigation Khuls are functioning and any further scheme will dry the water and deprive the inhabitants from drinking water facility and water for agricultural purposes."

2. The case put forth by petitioners is that the respondents have provided drinking water facility to the inhabitants of Panchayat Halqa Trigam-C and Janwas by introducing the water supply scheme from Galigad Nallah. Water Supply Schemes and Khuls, each numbering more than ten are said to have been constructed respectively for supplying drinking water and feeding the agricultural lands. Entire population of these panchayat halqas is said to be dependent upon these water supply schemes and khuls described in para-4 of the writ petition. Respondents are said to have proposed to tap two more water supply schemes namely WSS Wani and WSS Phagwar from the said Galigad Nallah at Nagni and Khandgore raising apprehensions in the minds of petitioners that the existing water supply schemes and Khuls using Galigad Nallah as its source will become defunct. It is pointed out that a similar effort made by respondents earlier was resisted by the inhabitants of these two Panchayat Halqas who filed a civil suit before learned Sub-Judge Kishtwar which was decreed in their favour on 29.12.2004 by passing a decree of permanent prohibitory injunction restraining the respondents from diverting water from Galigad Nallah. Thereafter, respondents are said to have proposed a new water supply scheme for the area viz Drab and Phagwar line from Kumarnag (Ghan) popularly known as Kandni Nallah with reservoir to be constructed at Agral. Despite laying pipelines, the Scheme was later abandoned for unknown reasons. According to petitioners, the respondents are again hell bent upon diverting the water of Galigad Canal, aggrieved whereof, petitioners claim to have served legal notice on respondents but to no avail. Respondents are said to have collected material on spot to go ahead with the proposed water supply schemes. Petitioners' case is that the residents of the aforesaid two Panchayat Halqas are already reeling under acute shortage of water as they are getting drinking water on turn basis and the introduction of new water supply schemes by respondents will leave them with no option but to migrate from the area.

3. Respondents 1 to 5 have filed objections pleading that respondent no.4 had constituted a team of technical officers of the department for computing total discharge of Galigad Nallah and the tapped discharge for irrigation and drinking water purpose. The Team visited the site and prepared a report which reveals that Galigad Nallah has three tributaries in its catchment namely Gramni Nallah, Doon Nallah and Nagni Nallah having a discharge of 12.00 cusecs, 7.50 Cusecs and 32.00 cusecs respectively. From Gramni Nallah, one irrigation Khul namely Jinwas Khul and one Zamindari Khul namely Shrawal Khul have been tapped with discharge of 4.80 cusecs in the vicinity of Jinwas (Irrigation) Khul. The proposed PHE Scheme having two inch diameter and one and a half inch diameter will tap 0.28 cusecs of water for drinking purpose leaving water in the nallah to the tune of 6.92 cusecs unutilized. Similarly, other irrigation Khuls and PHE Network utilizes 23.65 c

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