Gujarat High Court today issued a showcause notice to the state government to file reply within two weeks as to why the Public Interest Litigation, filed by Ukai Right Bank Canal Adivasi Adhikar Samiti praying for direction for commencing the construction of Canal on right bank of Ukai Dam, should not be admitted.
A Division Bench of the High Court comprising Chief Justice K S Radhakrishnan and Justice Akil Kureshi, while issuing the notice to the state, directed the Secretary of the Narmada Water Resources, Water Supply and Kalpsar Department to file a reply affidavit within two weeks.
Advocate S H Iyer appearing on behalf of the petitioner Mansinhbhai Viriyabhai Chaudhari, Convener, Ukai Right Bank Canal Adhikar Samiti urged that the Government had conceived Ukai Project for the purpose of irrigation, hydro power and flood control and had commenced the construction of dam in the year 1964 on Tapi River near Songadh village which was completed in the year 1972.
The construction work of the canal on left bank has been completed long back and water is being irrigated in the command area. However, despite several representations and protests, so far as the Ukai-Gordha Right Bank Link canal is concerned, the work has not yet started though more than 36 years have passed since completion of the Ukai Dam.
It was further submitted that the government had in the year 1997 sanctioned Rs 44.36 crore for constructing Ukai Right Bank Canal whereby 9,780 hectares of land would be irrigated and that the government had agreed in principle to lay down 0.0 to 24.45 km pipeline and to construct open canal from 24.45 to 35.45 km in the forest land. Thus, the government has agreed to construct the canal on Right Bank . However, the work has still not commenced and the canal has remained merely on paper.
The petitioner specifically pointed out that due to inaction on the part of the government in constructing the said canal, the villagers were suffering miserably. Apart from scarcity of drinking water, they were unable to cultivate their agricultural fields and consequently earn livelihood.
He told the court that their economic progress in turn has advanced them socially and educationally. On the other hand, due to inaction on the part of the government in constructing canal on the left bank, the people in villages of the left bank were not only deprived of drinking water and irrigation facility but their socio-economic development is also hampered and they are still backward Adivasis.
The impugned action on the part of the State is highly discriminatory, Mr Chaudhari said, adding that if the canal on right bank is constructed, it would benefit 52 villages of Mandvi taluka and seven of Songadh.
The court adjourned the matter for further hearing to August 4, 2009.
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Views 160 Report
