- (1.) HEARD learned counsel for the parties.
(2.) WE are constrained to observe that the Principal Secretary, Water Resources Department, Government of Jharkhand and Principal Secretary, Water Resources Department, Chhatisgarh, failed to comply with the order dated 6th May, 2011 in its true spirit rather to say they acted against the order dated 6th May, 2011 which is apparent from their report dated 12th May, 2011 submitted alongwith the affidavit dated 16th May, 2011. We are again constraint to observe that a plan to construct the Dam was conceived in the year 1974 over the river Kanhar and the process of survey for the purpose of taking a final decision is going on for the last more than 36 years. The decision to construct a dam on the river was of the Government and not of the public. Need was felt in the year 1974 for construction of a dam over the river. Only thing done was that the monetary benefit was given to the employees and officers of the Government appointed by the Government since 1974. Every year millions of rupees were spent only on account of salary and allowances and by the year 2008 total Rs.10,49,73,588.40 were spent. As per the report given by the concerned Executive Engineer (Schedule -Kha, page -30) of the paper book the details of the expenditure incurred from 1977 to 2008 were not fully available and total amount spent for survey, research, drilling etc. is of Rs. 149.254 lakhs.
(3.) IN the year 2007 for finding out feasibility for construction of the Barrage over the same river a committee consisting of 23 persons was constituted which includes the officers of the level of Chief Engineer, Junior Engineers and thereby the officers generated the post for themselves. In the said order of constitution of committee dated 8th June, 2007 it has been ordered that the department will complete the survey etc. by 30th June, 2007 and will submit the complete project report by 31st August, 2007 and forward it to the Central Water Resources Department of the Government of India, New Delhi and it was ordered that for obtaining the sanction for the project the Chairman of the said committee shall remain at Delhi by holding its camp so that the sanction may be obtained by 30th September, 2007 and it was projected that by this way they will be able to not only complete survey etc. but will complete the entire construction of the Barrage within that financial year obviously by 31st March, 2008 only.;