- (1.) BY this petition for writ, the petitioner, a practicing advocate of this Court, has raised a very serious question relating to soil conservation, water harvesting and proper distribution of water in the Districts of Jalore and Barmer.
(2.) THE Districts of Jalore and Barmer are part of the Western Rajasthan, known for wide spread Thar Desert and its arid climate. In the major part of the arid zone the river Luni, originating from Aravali Hills near Pushkar in District Ajmer, was only the major source of water beside the abstraction of underground water. The river Luni in rainy season carries water and flows through the Districts of Pali, Jodhpur, Jalore and Barmer. The people of the Districts aforesaid were facing scarcity of water even for drinking purposes from ages. In independent India efforts were made and are being made to meet this scarcity. The largest project of the Government of Rajasthan in this regard is Indira Gandhi Canal Project providing water for drinking as well as irrigation purposes in the Districts of Ganganagar, Hanumangarh, Bikaner, Jaisalmer and some part of Jodhpur. For the canal aforesaid the source of water is river Satluj. The other ambitious project is to bring water of river Narmada to the Districts of Jalore and Barmer.
(3.) AS per the facts averred in the petition for writ the construction work of Narmada Canal commenced in the year 1993 with an estimated financial plan of Rs. 1975 crores. The work presently is in progress in Tehsils of Sanchore, Chitalwana and Gudamalani. The length of main canal is 74 kms. and the length of distributaries is 1719 kms. The canal is discharging about 1500 cusec water in the area concerned. The cause of the petitioner is that due to improper management of water distribution the people are not getting optimum benefit of the project and further that a huge quantity of water is being wasted due to overflow. The overflowing water is causing great harm to the soil of the entire area. The details given by the petitioner in this regard read as under: - - "That the respondents are not properly distributing the water of actually needed persons and as such, the tail enders persons are not getting proper water facilities. Copy of the news paper cutting dated 5th Oct., 2012, 18th Nov., 2013 and 14th Dec., 2013 are being submitted herewith for ready reference and consolidatively marked as ANNEXURE -1 to the writ petition. As a matter of fact, the respondents are discharging the water in the Luni river and the Band was a constructed in the Luni river and due to over flow of the water, the Band is also going to be destroyed and as result thereof, the water of Narbada Nahar reached to the agricultural fields situated in the surrounding area of the Luni river and as such, the crops standing over their fields are going to be ruined due to over flow water of the Narbada Nahar through the Luni river. It is pertinent to mention here that there are several villages like Keriya, Lalpura, Deliya, Rampura, Sarda, Malipura, Silosan, Hoti Gaon, Ratoda, Koliya Ki Gaddi, Doothwa, Padardi, Rebariyon Ki Gadi, Marathawa, Bhatawas, Medha, Ratoda, Tembi, Tapi, Gallipa, etc. effected from this over flow water since two years. That recently on 14th and 15th Dec., 2013, due to heavy discharge of water from the Narbada Nahar, the Jhakarda and Keriya Bandh have been destroyed and as a result thereof, there were some probability of flood at the dozen of villages surrounded by the Luni river as well as Nehad area and the villagers of the villages like Keriya, Lalpura, Deliya, Rampura, Sarda, Malipura, Silosan, Hoti Gaon, Ratoda, Koliya Ki Gaddi, Doothwa, Padardi, Rebariyon Ki Gadi, Marathawa, Bhatawas, Medha, Ratoda, Tembi, Tapi, Gallipa, etc. were effected from this over flow water and due to which, the crops standing at their fields have been ruined and the people of effected area have faced many problems to come and go at their destination and to earn livelihood. Copies of various photographs are being submitted herewith and consolidatively marked as ANNEXURE -4 to the writ petition. That it is pertinent to mention here that the respondents are not properly distributing the water to actually needed persons and as such, the tail enders persons are not getting proper water facilities. As a matter of fact, the respondents are discharging the water in the Luni river and as result thereof, the water of Narbada Nahar reached to the agricultural fields situated in the surrounding area of the Luni river and as such, the crops standing over their fields are going to be ruined due to over flow water of the Narbada Nahar through the Luni river and as such, there is a wastage of water. That it is pertinent to mention here that there are several villages affected from this over flow water since last two years and due to heavy discharge of water from the Narbada Nahar, the Jhakarda and Keriya Bandh have been destroyed and as a result thereof, there were some probability of flood at the dozen of villages surrounded by the Luni river as well as Nehad area and the villagers of the villages like Keriya, Lalpura, Deliya, Rampura, Sarda, Malipura, Silosan, Hoti Gaon, Ratoda, Koliya Ki Gaddi, Doothwa, Padardi, Rebariyon Ki Gadi, Marathawa, Bhatawas, Medha, Ratoda, Tembi, Tapi, Gallipa, etc. were affected from this over flow water and due to which, the crops standing at their fields have been ruined and the people of effected area have faced many problems to come and go at their destination and to earn livelihood. As such, the petitioner is entitled to get indulgence from this Hon'ble Court on this ground also. On account of not properly providing the water facilities to the residents and agriculturists of the Jalore and Barmer Districts, the public at large are facing great hardships as the crops standing over their fields are going to be ruined and there is no drinking water facility available to them and their land are going to be made useless due to scarcity of water. It is further pertinent to mention here that the respondents are not properly distributing the water to actually needed persons and as such, the tail enders persons are not getting proper water facilities, whereas a matter of fact, the respondents are discharging the water in the Luni river and as such, the crops standing over their fields are going to be ruined due to over flow water of the Narbada Nahar through the Luni river and as such, the public at large is facing great hardship and hence, the respondents have caused huge losses to the public at large and as such, the petitioner is entitled to get indulgence from this Hon'ble Court on this ground also." ;