NISHIKANT @ NISHIKANT DUBEY Vs. UNION OF INDIA AND ORS.
LAWS(JHAR)-2018-1-160
HIGH COURT OF JHARKHAND
Decided on January 03,2018

Nishikant @ Nishikant Dubey Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

- (1.) The grievance raised in this writ petition in the nature of public interest litigation is in relation to ensuring proper water supply under the Chandan River Canal System and to undertake repair and maintenance of the canal network in the district of Godda which originates in the successor State of Bihar and covers major distance in the State of Jharkhand.
(2.) The Chandan Reservoir Project was constructed during the existence of unified Bihar consisting of a dam near Lakshmipur in Banka district, which is now in the administrative control of the successor State of Bihar. As per the stand of Respondent no. 4 to 7(authorities of the Water Resources Department, Government of Jharkhand and Deputy Commissioner, Godda). Chandan High Level Canal directly takes off from the right bank of Chandan Dam with design discharge of 360 cusec and having total length of 3310 chain length (105 Km). Out of this an initial 1333 chain length(42.29Km) falls in Banka district of Bihar. Rest 1977 chain length(62.72 Km) falls in Godda district in the State of Jharkhand.
(3.) As per the Respondent no. 4 to 7 Chandan High Level Canal was designed to feed water to 6 weirs constructed over 6 streams. Two of these weirs namely Sukhania and Dakai are located in Bihar and constructed over streams carrying the same names. 4 weirs namely Triveni, Kajhia, Harna South and Harna North are located in Jharkhand and constructed over the streams carrying the same names. The water from Chandan Dam is required to be released in such manner that it feeds water to all the 6 weirs for irrigation purposes.;


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