Court On Its Own Motion vs Union Of India

Akil Kureshi, CJ

In this public interest petition, the Court is examining various aspects concerning the preservation and maintenance of water body called "Rudrasagar" lake in the Sipahijala District. Various affidavits are filed by the State authorities. Learned counsel Mr. I. Chakraborty who is requested to assist the Court as an amicus curiae has also submitted his report. Respondent No.7, a cooperative society representing the interests of the fishermen community as well as the agriculturists of the area is also represented before us through the learned counsel. Learned amicus curiae pointed out that before 1950 the lake area was stated to be more than 2008 acres. In the year 1975 it came down to 682.92 acres and in the year 1995 this was further reduced to 375 acres. Presently, it is stated to be in the vicinity of 366 acres.

Various issues concerning the preservation of the said water body are being examined by this Court. A permanent mechanism has to be put in place so that the water body in question which is an important ecosystem and which also carries considerable significance for tourism and fishing activities is properly maintained and does not fall prey to neglect or vested interests.

For the present and of immediate interest for the parties as well as the Court is the question of maintaining a certain level of water in the said reservoir. Obviously, diminished level of water would be a serious cause of concern for the environmentalists and those who are interested in proper preservation of the water body to its full potential level. Abnormally high level of water if maintained, also can throw its challenges since maintenance of the level of water beyond a certain point would start flooding agriculture lands which may be of private ownership or cultivation for which rights may have been granted by the Government. Various conflicting interests would, therefore, have to be balanced.

Learned amicus curiae relying on his report on an affidavit dated 25.07.2017 submitted that there are 3(three) tributaries to this lake which form a perennial source of water supply. During his site visit he found that two out of these three sources have been diverted and on the other hand, challenges have been made for draining the water from the lake. He submitted that these tributaries should be restored in original position which would provide perennial source of water replenishment in the lake and the diversion of water should also be discontinued. He would suggest that maintenance of water level should be a minimum of 10 meters. The demand of the respondent No.7 is that the water level should be reduced to 8 meters. The learned Advocate General assisted by Government Advocate Mr. Debalay Bhattacharjee, submitted that with the help of technical inputs the Government has decided to maintain the water level at 9 meters. This was so permitted by the Court under the Order dated 13.02.2019. He further submitted that one of the issues for proper conservation of the lake is de-silting. Learned counsel for respondent No.7 also submitted that entire problem has arisen on account of silt getting collected in the lake due to which the base of the lake has risen. If the effective de-silting is undertaken, higher level of water would cause no threat of flooding the cultivable lands. Learned Advocate General stated that a proposal for such purpose has been submitted by the State Government to the Central Government which is pending. He further submitted that funds will be needed for carrying out de-silting if so eventually permitted.

It can thus be seen that several issues of conflicting interests will have to be taken into account before any directions can be issued. We are, therefore, not prepared to close this public interest petition as suggested by the learned Advocate General. For the present, we would like to gather from the Government information with respect to following two aspects:

(i) The stage at which the proposal of the State Government for de-silting the lake is pending with the Central Government and possible time it may take before its finalization. We will expect the State Government to pursue the proposal earnestly.

(ii) By maintaining the water level at 9 meters how much does the surface area of the lake come to.

Both these details will be supplied to the Court on an affidavit which shall be filed before the next date of hearing.

List the matter on 16.12.2019.

A copy of this order shall be supplied to concerned advocates.