Prakash Tatia, R.K. Merathia, JJ. - (1.) This Public Interest Litigation has been preferred as back as on 9th October, 2009 for the grievance of the people of Palamau Division, which is a heavily affected drought area. The Government itself had decided to construct the dam at the banks of Kanhar river at Baridih. According to the averments made in the petition, plan to construct the dam was conceived in the year 1974. A Division was constituted specially for the said purpose and till 2010, except making payment of salaries to the officers and employees appointed in the special Division, nothing has been done. By the time petitioner preferred this writ petition, more than nineteen crores of rupees were spent and today in the year 2011 i.e. after more than 36 years, we are told that the Government has decided to construct a dam but for that, consent of Chhatisgarh will also be required. Therefore, it is clear that in the last 36 years, virtually the respondents are not aware what to do much less, how to do. It appears from the averments made in the writ petition that the Union of India had already agreed to give full funds for construction of the dam or barrage, as the case may be. Today also, learned counsel for the and learned counsel appearing for the Union of India though through Water Resources Board, admitted that there is need of construction of dam on the site to meet with the problems of the drought and in 36 years, they have not come with the proposal that the construction of dam or barrage would not be feasible or will not be in the public interest. It is clearly demonstrated that the need of the public of Palamau Division has already been accepted by all the parties i.e. the of Jharkhand and the Union of India through the Water Resources Department of Union of India, and in view of the report submitted before this Court yesterday i.e. on 5th May 2011, the Engineers of Chhatisgarh and Jharkhand observed that before reaching to a final decision, some survey is required. In para-5 of the supplementary counter-affidavit, it has been d that for detail survey and verification of the submergence of area, it will take three non-monsoon months and therefore, according to the meeting, this survey can only be completed by the mid of December, 2011. If mind would have been applied on earlier occasions in 36 years or at least after filing of this petition by the petitioner, substantial progress should have already been for construction of the dam / barrage. The total period sought by the respondents for survey and verification of the submergence of the area is only three months, but in the facts and circumstances, which, we have noted about, not only proved without giving any details, clearly demonstrates that this work can be started forthwith without any delay. Furthermore, when the survey is of a very big area and it is not in dispute that most of the area or some of the area under survey will be drought affected area, it is also not in dispute that it is not an area where rain fall is continuous or may create such type of problem that it will hamper the entire survey. The survey as sought, can be conducted forthwith and may be started with the help of various Engineers by allocating the area to them and the maximum period sought by the respondents is only three months for survey and then, it can also be completed within a period of two months even before the start of monsoon. Even if, it cannot be completed, then also substantial part of survey can be completed even before monsoon starts.
(2.) We are constrained to observe that there is no dispute, as admitted by all the counsels present herein before this court, in this matter and yet, the people of Palamau Division are suffering heavily because of the total lethargic way of working, putting a serious question mark on the governance of the of Jharkhand as well Water Resources Department inasmuch as, both want to construct the dam / barrage, but it appears that they do not know even how to start.
(3.) In view of the above reasons, we direct the respondents to start the survey as proposed by them in the counter-affidavit forthwith without any delay and submit a positive action taken report by 19th of May 2011 that how they will proceed. We are conscious of the fact that in such matter like survey and verification of the submergence of the area, certain hurdles may come, but hurdles may come only when one thinks to start on the project. Therefore, we want a positive line of action from the respondents who may take up the matter with the help of the officers of the Chhatisgarh as well as with the officers of the respondent Union of India and its officers, including Water Resources Department of Union of India.;