Alekh Nayak vs Union Of India And Others

The Petitioner, describing himself as the President of the River, Kharasrotta Mahasava, located in Kendrapara in Odisha, has filed this Public Interest Litigation (PIL) questioning the construction of dams and barrages on the tributaries of river Brahmani in the State of Jharkhand, which according to the Petitioner, has severely reduced the Brahmani-Kharasrota water flow, thereby depriving the people of six districts of their livelihood. The Petitioner has relied on a newspaper report of 11th August, 2016 in this regard. Apart from making the State of Odisha and State of Jharkhand as Opposite Party Nos.3 and 4 to the petition, the Petitioner has also impleaded the Union of India, Water Resources Department and the Central Water Resources Commissioner, New Delhi as Opposite Party Nos. 1 and 2 respectively.

Pursuant to the notice issued in the present petition on 17th April, 2017 a counter affidavit was filed on behalf of Opposite Party Nos.1 and 2 on 30th August, 2017 stating inter alia that under Section 3 of the Inter State River Water Disputes Act, 1956 (‘Act’) it is only the State Government, which is competent to make a request to the Central Government to refer a water dispute to the Tribunal for adjudication. It is pointed out that Article 262 of the Constitution provides for the making of law by Parliament for adjudication of disputes concerning the use, distribution or control of waters of any inter-state river. It is pointed out that the subject matter of the dispute falls within the description of ‘water dispute’ in terms of Section 3 of the Act. It is further pointed out that the river Brahmani which is known as South Koel river in the upper reaches, originates near the Nagri village in Ranchi District of Jharkhand and its principal tributaries are Sankh, Tikra and Karo.

Neither the State of Odisha nor the State of Jharkhand (Opposite Party Nos. 3 and 4) has filed replies to the petition.

Learned counsel for the Petitioner urges that this Court call for report for the Technical Experts to ascertain, if indeed, the flow of water in river Brahmani which traverses through Odisha has been severely reduced as a result of the construction of Dams and Barrages in Jharkhand. However, this Court is not in a position to get into such highly technical details regarding inflow of water in an inter-state river and the impact that the constructions of dams and barrages in its upper reaches can cause.

These are indeed matters for technical experts to determine and for a specialized Tribunal to adjudicate. The concerns expressed by the Petitioner should be examined by the Government of Odisha and further action thereon should be taken thereon by it if so advised. For that purpose, this writ petition will be treated as a representation by the Petitioner to the State of Odisha which will then communicate its decision thereon to the Petitioner within a period of eight weeks from today.

No further directions are called for at this stage. The writ petition is disposed of. An urgent certified copy of this order be issued as per rules.

…………………………..