SANDEEP MEHTA,J. - (1.) The petitioners herein are farmers having lands in Khasras Nos.1248, 1248/2, 1252/7, 1252/6, 1252/1, 1252/8, 1252/2, 1252/3, 1252/11, 1252/4 and 1245/3 in Village Borali, Patwar Area Barasan, Tehsil Gudamalani, District Barmer. Parts of khatedari lands of the petitioners were acquired for construction of diggies/taking out of the pipelines and other essential infrastructure of the Narmada Canal Project, Sanchore (hereinafter referred to as 'the NCP' for short). However, a grievance is raised by the petitioners that the respondents have illegally and arbitrarily bypassed the petitioners' fields and the infrastructure which has been commissioned on and through the petitioners' lands is being used to supply water to lands of other farmers, who are influential and whose fields are located at the tail end of the water resource. The specific averment made by the petitioners at para No.8 of the writ petition to this effect is reproduced herein below for the sake of ready reference: "8. That the very purpose of the project is to provide the facility of irrigation and drinking waters to the villagers. But the commission and omission of the respondents are vitiated the basis purpose of the projects. The underground pipe line is passing through the fields of the petitioners and water is being supplied to the fields which fall after the fields of the petitioners'. The respondents are constructing diggies (Shallow tanks) in petitioners own land but not providing the facility to irrigate their field. The nature of the land and the level of the land is same in the entire area but the respondents are providing facility to other group of persons while ignoring the present petitioners."
(2.) Thus, claiming arbitrariness and favouritism in the impugned action, the petitioners have approached this Court by filing this joint writ petition with the following prayers: "(a) The respondents may kindly be directed to provide irrigation facility in pursuance to the Naramda Canal Project in the petitioners field i.e. Khasra No.1248, 1248/2, 1252/7, 1252/6, 1252/1, 1252/8, 1252/2, 1252/3, 1252/11, 1252/4 and 1245/3; (b) The respondents may kindly be directed to construct diggies (Shallow tanks) in pursuance to the Naramda Canal Project in petitioners' khasras being Khasra No.1248, 1248/2, 1252/7, 1252/6, 1252/1, 1252/8, 1252/2, 1252/3, 1252/11, 1252/4 and 1245/3."
(3.) Notice of the writ petition was issued to the respondents, who have filed detailed reply wherein, the plea raised by the petitioners in this writ petition that their fields have been left out from irrigation facility by including them in the common area whereas, the fields of certain agriculturists which are located down the line in the infrastructure of irrigation system (vis-a-vis the fields of the petitioners), have been included in the command area, is disputed. The justification which has been offered in the reply for this apparent discrimination is by referring to a feasibility report prepared by M/s.Tahal Consultancy Services on the basis whereof, the command areas were decided. While hearing of the writ petition was being undertaken, this Court directed the authorities of Water Resources Department to supply a copy of the relevant extract of the Tahal Consultancy Services's report to the petitioners. On 16.7.2018, the following pertinent direction was given by this Court to Shri N.S.Rajpurohit, learned A.G.C.:- "Mr. Narendra Singh Rajpurohit, AGC, is directed to keep the Chief Engineer, Narmada Canal Project, present in the court with the copy of the order dated 28.04.2017 issued by the State Government as referred in the communication dated 09.02.2018 (Annex.8), which is placed on record by the petitioners with their counter affidavit to furnish an explanation as to why the petitioners' fields have been excluded from the irrigation facility, while other fields which were included in the survey report of Tahal Consultancy have been given irrigation facility under the order dated 26.04.2017. In the meanwhile, the Chief Engineer shall consider the cases of the petitioners for providing irrigation facility to their fields in light of aforesaid order of the State Government.";