Case Note & Summary
The Public Interest Litigation was filed by the Sarpanch of village Garkheda, seeking a writ of mandamus to restrain the respondent authorities from releasing water from the Sukhana Dam for agricultural purposes and to reserve it exclusively for drinking. The petitioner alleged that ten villages—Garkheda, Mangrul, Takli Mali, Chitte Pimpalgaon, Hivara, Tongaon, Jadgaon, Chitegaon, Kumbephal, and Apatgaon—were dependent on the dam for drinking water, and that only 28% of water was available. Despite satisfactory rainfall, the petitioner feared acute scarcity during the summer months of March to June 2018 if water was released for irrigation. Grampanchayats had passed resolutions on 2 November 2017 to stop agricultural releases, but on 16 January 2018, authorities released water through the canal. The petitioner argued that the National Water Policy, 2012, mandates priority for drinking water and that the District Collector had not held a meeting for the current year to assess the situation. In response, the State and irrigation authorities submitted affidavits stating that the Sukhana Medium Project, constructed in 1966–67, had a total storage capacity of 18.50 mm3 and a dead storage of 2.85 mm3. As on 19 January 2018, the live storage was 4.870 mm3, equivalent to about 400 crore litres. The Executive Engineer of the Zilla Parishad had requested reservation of 0.1005 mm3 for drinking purposes for five villages (Mangrul, Jadgaon, Garkheda, Apatgaon, Tongaon) till 15 July 2018, which was deemed sufficient based on a population of 7,806 and past usage. The Canal Advisory Committee, in its meeting on 10 November 2017, resolved to release water for rabbi crops in two rotations: first from 7 to 15 December 2017 (1.23 mm3) and second from 16 to 20 January 2018 (1.00 mm3). Even after these releases, 4.870 mm3 of live storage remained. The respondents contended that the petitioner had not obtained a formal reservation for the other villages and that adequate water was available to meet drinking needs until 15 July 2018. The Court reserved judgment on 12 February 2018 and pronounced it on 20 February 2018, but the full decision is not available in the provided excerpt.
Issue of Consideration
Whether the respondent authorities should be directed to not release water from the Sukhana Dam for agricultural purposes and to reserve the water for drinking purposes only.
Case Details
2018 LawText (BOM) (02) 40
Public Interest Litigation No.11 of 2018
Mr.S.S.Thombre for petitioner; Mr.A.B.Girase, GP with Mr.S.B.Yawalkar, Addl.G.P. for respondent Nos.1 and 2 / State; Mr.B.R.Survase for respondent nos.3 and 4; Mr.S.V.Natur for intervenor
Manisha w/o. Shailesh Choudhri
1. The State of Maharashtra, Through its Principal Secretary, Rural Development Department, 2. The District Collector, Aurangabad, 3. The Executive Engineer, Aurangabad Irrigation Division, Aurangabad, 4. The Section Officer, Aurangabad Irrigation Branch No.2
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Nature of Litigation
Public Interest Litigation seeking to restrain release of water from Sukhana Dam for agricultural purposes and to reserve water for drinking purposes only.
Remedy Sought
Petitioner sought a writ of mandamus directing authorities not to release water for agricultural purposes and to reserve water for drinking purposes.
Filing Reason
Petitioner, as Sarpanch, alleged that only 28% water is available in Sukhana Dam and if released for agriculture, there would be acute scarcity of drinking water in 10 villages during summer 2018.
Previous Decisions
Grampanchayats of the concerned villages passed resolutions on 2 November 2017 to reserve water for drinking; representations made to authorities; water released on 16 January 2018 despite requests.
Issues
Whether the respondent authorities should be directed to not release water from the Sukhana Dam for agricultural purposes and to reserve the water for drinking purposes only.
Submissions/Arguments
Petitioner: Villages depend on Sukhana Dam for drinking water; only 28% water available; release for irrigation will cause summer scarcity; National Water Policy 2012 mandates priority for drinking water; no meeting held for current year to assess need; Collector's affidavit unjustified.
Respondents: Sukhana Medium Project constructed in 1966-67 with total capacity 18.50 mm3; as on 19.01.2018 live storage 4.870 mm3; 400 crore litres available; 0.1005 mm3 reserved for drinking for five villages till 15.07.2018, which is sufficient for 7,806 population; earlier years reservation of 0.1094 mm3 proved sufficient; water release for irrigation as per Canal Advisory Committee resolution dated 10.11.2017; first rotation 1.23 mm3, second 1.00 mm3; after releases, still sufficient water for drinking; farmers of 8 villages requested water release; no reservation request by petitioner for other villages.
Judgment Excerpts
By issuing writ of Mandamus or any other writ, order of directions in the like nature, direct the respondent authorities not to release the water from the Sukhana Dam for the agricultural purposes with further direction to reserve the water for the drinking purposes only (Para 1)
Even after release of the abovereferred quantity of water for irrigation purpose as on 19.01.2018, there is approximately 4.870 mm3 of water in the Sukhana Medium Project. (Para 6)
Procedural History
PIL No.11 of 2018 filed; Court heard arguments on 12.02.2018; Judgment reserved and pronounced on 20.02.2018.
