- (1.) THE instant Petition was filed in public interest by the petitioners in the year 1999 in which following prayers were made: "a) to restore the reparation of the cracks and conversion of single title lining into double title lining alongwith the LDPE film reinforced with non -woven geotextile bonds immediately on a time -bound basis as suggested by Mr. B.D. Bithu vide Annexure -14; b) to cut off the water flow from IGNP area from the present 5.23 cusecs per thousand acres to a reasonable 3.00 cusecs per thousand acres on the time bond basis; c) to implement the WEPCO Project formulated with the systems of World Bank in 1993 and to construct drainage systems on the top -soil and sub -soil through out the length of IGNP and Bhakhara Project on the time -bound basis; d) to stop direct outlets from the irrigation channels; e) to constitute a committee of expert irrigation engineers and technocrats as has been done by the State of Punjab vide Annexure -17 to suggest short -term and long - term measures to deal with the water logging problem and such committee may be given a time -bound direction to submit its report within a particular frame of time and the State Government may also be given direction to implement such directions on a time bound basis. f) That a Committee of Secretary (Finance), Legislature of the water logged affected areas, the Collectors of the respective Districts of Shri Gagnanagar, Hanumangarh and the Secretary, Irrigation may be formulated to provide compensation to the agriculturists and residents who have suffered losses on account of defective and inefficient irrigation works. g) cost of litigation may also be granted. h) any other relidf which this Hon'ble High Court may deem fit and proper may also be granted."
(2.) AFTER issuance of notice, a detailed reply was filed by the respondents submitting that the respondents are earnestly and honestly putting their ardent constant sincere efforts or steps to control and check the water logging situation in the interest of the public at large. It was also stated that the respondents have taken the objective and effective steps and shall take active and objective steps in future. Further, it is stated in the reply that the present writ petition has not been in public interest, therefore, petitioner is not maintainable in the present form and otherwise also not maintainable.
(3.) AFTER considering the reply filed by the respondents, on 20.11.2003the Division Bench of this Court issued the direction to the State Government to constitute a committee of experts which should survey the areas to Indira Gandhi Nahar Pariyojana and shall also suggest the measures to over come the problem within a period of one month. In compliance of the order passed by this Court, following written submissions were filed in the court on 15.3.2004, which reads as under: "1. That the petitioners have filed the writ petition with the prayer that the repairs to the cracks and conversion of single tile lining into double tile lining be ordered on time bound programme basis. So also, it was prayed that a Committee of expert Irrigation Engineers be constituted to suggest short term and long term measures to deal with the water logging problem etc. 2. That in this respect this Hon'ble High Court passed an order on 04.02.2004 for constituting a Committee. In compliance to the order passed by this Hon'ble Court, a Committee consisting of following persons has been constituted by the Government of Rajasthan: - 1. Chief Engineer Irrigation (North), Hanumangarh - Chairman. 2. Chief Engineer, IGNP, Bikaner/Member. 3. Chief Engineer, CAD, IGNP, Bikaner/Member 4. Sh. Darshan Singh, Chief Engineer (Retd.) - Member 5. The Director ID and R Rajasthan, Jaipur (Representation of Chief Engineer ID&R Raj., Jaipur) - Member. 6. The Superintending Engineer, Suratgarh Circle Civil, Hanumangarh - Member Secretary. 3. That the committee has been constituted to study and survey the areas which are effected by water logging due to Indira Gandhi Nahar Project and to suggest the measures to overcome the problem. Tentatively the time period has also been fixed i.e., one month. 4. That the following facts also require consideration and they are related with water logging: - Water logging is a phenomenon in which water table rises in top layer soil within 1.5 mtr height. In this case the salt of the soil comes up to top layer, which affect the crop production, destruction of buildings and other environmental effects. Water logging is caused by (i) Rising of ground water; (ii) Addition of water from surface. In Rawatsar area, the water logging, was on its peak in the year 1990 to 2000 and the main reason of water logging was too much addition of water from surface. The following are the main reasons of water logging - 1. Seepage from canals. 2. Excessive supply of irrigation water (a) Higher Water allowance (b) no days of canal running 3. Sandy/Texture of soil. 4. Poor Water retaining capacity. 5. Presence of Hare Strata (Gypsum later). 6. Absence of proper drainage. The cost of construction of irrigation distribution system (i.e., canals only) comes to Rs.10,000/ - per acre as per present cost. Due to water logging the irrigation system infrastructure remains as of no use and the affected inhabitants/cultivators also became unemployed with destruction of their property.;