Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.18773 of 2012 Date of Decision : August 21, 2013 Mahender Singh and others ......Petitioners versus State of Haryana and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE SURINDER GUPTA.
*** Present : Mr.M.P.S.Mann, Advocate, for the petitioneRs.Ms.Palika Monga, DAG, Haryana.
-.- 1.
Whether Reporters of Local papers may be allowed to see the judgment?.”
2. To be referred to the Reporters or not?.”
3. Whether the judgment should be reported in the Digest?.
--- Surya Kant, J.
(Oral) The controveRs.in this writ petition pertains to construction of Rithal Narwal Link Drain from RD-0 to RD 286.which is to be constructed for draining out the flood water during rainy season.
Since the proposed link drain would pass through the agricultural fields of the petitioners for which notifications of acquisition under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short, 'the Act') have been issued, they seek quashing of those notifications as well.
The petitioners also seek a direction to the respondent-authorities to regularize the 'existing drain' dug out by the land-owners at their own from point X to Y depicted in the site-plan (Annexure P-3).2].It may be mentioned here that the proposed link drain, as per the scheme notified by the respondents, would be from point A to B in the same site plan (Annexure P-3).Kumar Mohinder 2013.08.30 17:01 I attest to the accuracy of this order Chandigarh CWP No.18773 of 2012 [2].3].The question whether the proposed link drain from point A to B or the one suggested by the petitioners from point X to Y would be more effective and useful to drain out the flood water in the rainy season, is essentially a technical issue to be left within the domain of Engineers and Subject Experts.
It was in this backdrop that vide an interim order the authorities were directed to consider the proposal put-forth by the petitioneRs.In response thereto, the Executive Engineer, Rohtak Water Services Division, Rohtak, has filed an affidavit dated 17.05.2013 which reads as follows:- “1.
That the area around Rithal Kiloi Mundhak Drain was extensively surveyed and the natural surface level along the Line AB of length 2860' Rithal Narwal Sub Link Drain as shown in Sajra Plan attached is most suitable, economical & technically feasible.
The comparison of natural surface level along the alignment of 3 not option i.e., AXB, AXY & ACF is tabulated below and is also shown on the Sajra Plan as attached:- I.
AXB 724.28, 725.50, 725.76, 726.30, 726.98, 727.71.
II.
ACF 724.78, 726.50, 726.78, 727.22, 728.49, 729.73, 728.05, 728.11, 725.39.
III.
AXY 724.28, 725.50, 725.76, 726.30, 727.37, 728.01, 728.58, 728.44.
IV.
Similarly, the comparison of depth of excavation of earth work the proposed drain alongwith alignment of 3 number option i.e.AXB, AXY and ACF is also Kumar Mohinder 2013.08.30 17:01 I attest to the accuracy of this order Chandigarh CWP No.18773 of 2012 [3].tabulated below:- Bed level of proposed drain at =724.00 the point of origin.
Bed level of proposed drain at the point of outfall.
=723.43 (i) AXB Depth of excavation of earth work =727.71-723.43=4.28' (ii) AXY Depth of excavation of earth work =728.58-723.43=5.15' (ii) ACF Depth of excavation of earth work =729.73-723.43=6.30' 2.
That in case of segment AXY and ACF, capacity of Rithal Kiloi Mundhak Link Drain from RD 2265.to RD 2600.will have to be remodeled thereby increasing the extra expenditure and acquiring of additional land for this purpose.
Moreover, Rithal Kiloi Mundhak Link Draini passes through village abadi of village Rithal and if other alignment i.e., ACF or AXY is considered, then there will be increase in the discharge in this drain on up stream side of point B, thereby causing flooding during rainy season and causing the possibility of inundation of village abadi.
Since protection of village abadi in on top priority, so the alignment of Rithal Narwal Sub Link Drain from RD 0 to 2860' alongwith AXB is most suitable technically and as per the site condition and interest of public....”
(emphasis applied) Kumar Mohinder 2013.08.30 17:01 I attest to the accuracy of this order Chandigarh CWP No.18773 of 2012 [4].4].Since the respondent-authorities on re- consideration have reiterated that the proposed link drain is the most suitable, economical and technically feasible for the protection of village abadi from flood water, we are of the considered view that no ground to interfere with the impugned scheme or the consequential acquisition of land for that purpose is made out.
5].Suffice it would be to observe so as to protect the interest of the petitioners that in due couRs.of time if the link drain to be constructed by the respondents, fails to achieve the desired public purpose, the petitioners would be at liberty to approach the respondent-authorities to dig out the drain from point X to Y and an appropriate decision in that event shall be taken by the respondents on objective consideration of all the relevant factORS.6].With liberty aforementioned, the writ petition is dismissed.
(SURYA KANT) JUDGE August 21, 2013 (SURINDER GUPTA) Mohinder JUDGE Kumar Mohinder 2013.08.30 17:01 I attest to the accuracy of this order Chandigarh