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Judgment
P. Sathasivam, J.—Lower Bhavani Farmers Federation, through its President has filed the above Writ Petition to issue a Writ of Mandamus
directing the respondents to release water from the Kundah Hydel Reservoir to the Lower Bhavani Project canal for the third wetting of the Odd
Turn sluice lands .
The case of the Farmers Federation is briefly stated hereunder:-
It is a registered Association, registered under the provisions of the Tamil Nadu Societies Registration Act, 1975, and its main object is to maintain
water management system in the Lower Bhavani Project. The Lower Bhavani Project was commissioned in the year 1954. The Bhavani Sagar
Dam is situated at Bhavani Sagar, Sathyamangalam Taluk, Erode District and it irrigates about 2,07,000 acres of land situated in Erode and Karur
Districts. The Public Works Department is maintaining the Lower Bhavani Project water distribution system throughout 2,07,000 acres of land and
the irrigated lands were divided into ""Odd Turn"" sluice lands consisting of about 1,03,500 acres and ""Even Turn"" sluice lands consisting of about
1,03,500 acres of land for distributing the Lower Bhavani Project water in Turn System. The Federation is a governing Body empowered to
advice the District Administration on the water management of Lower Bhavani Project irrigation system.
Under the Lower Bhavani Project irrigation system, supply of water is normally allowed in two separate seasons, the first from August to
December (First season) and the second from January to April (second season). The water would be released for irrigation for Odd Turn sluice
lands from January to April (second season) and from August to December (first season) in one year and in the next year water would be released
for irrigation for Even Turn sluice lands from January to April (second season) and from August to December (first season). In the event of failure
of monsoon, the available water in the Dam would be allowed with certain restricted supply.
Since water was not released to Odd Turn sluice lands for 24 months from 2001 January onwards, the lands falling under Odd Turn sluice
Agriculturists became very dry and the crops planted by them withered. The Even Turn sluice Agriculturists got the water facility upto 10th
January, 2002. Thus the total supply of water for the Odd Turn sluice lands for the past six years if 4 times, whereas the water supply to the Even
Turn sluice lands in the same period is 6 times.
The petitioner Federation have passed an unanimous resolution dated 26-10-2002, requesting the release of water to Odd Turn lands. The
Government after properly considering the entire issue and taking into account all the relevant factors, including the ground realities have passed an
order in G.O.Ms. No. 592, Public Works (S1) Department, dated 4-12-2002, for releasing water to Odd Turn sluice lands instead of Even Turn
sluice lands for wetting crops for a total period of 40 days with three intervals between 15.12.2002 and 28.02.2003. Pursuant to the above said
Government Order, water was released for a period of 14 days from 15-12-2002 to 29-12-2002 to the Odd Turn sluice lands. As per the
proposed plan, there will be no supply of water between 29-12-2002 and 10-01-2003 for a period of 12 days. The second phase (2nd wetting)
for release of water scheduled to commence from 10-01-03, for a period of 13 days upto 23-01-2003. The last phase (3rd wetting) has to be
given for a period of 13 days between 04-02-2003 and 17-02-2003.
The Odd Turn Agriculturists, based upon the release of water through the first wetting for a period of 14 days, from 15-12-2002 to 29-12-
2002, has cultivated in an extent of over 1 lakh Acres of land by investing a huge amount of Rs.40 crores, raising Gingley, Groundnut, Sugar cane,
Tapioca, Turmeric etc. While so, one private individual by name Ravi had filed a public Interest Litigation in Writ Petition No. 45182 of 2002
before this Court for directing the respondents to release water to Even Turn sluice Ayacut lands and this Court has passed an order dated 30-12-
2002 in W.P.M.P. Nos. 66046 and 66047/2002 in Writ Petition No. 45182/2002 directing the respondents to give one wetting from the Lower
Bhavani Project main canal to the Even Turn sluice lands. After coming to know about the order of this Court, the petitioner Federation had filed a
petition to modify the said order of this Court. In the meanwhile, pursuant to the order of this Court dated 30-12-2002, the Government has
released water to the Even Turn sluice lands from 6-1-2003 to 14-1-2003 for a period of 8 days releasing 1.53 TMC of water. On 14-1-2003
this Court has passed an order directing the respondents not to release water to both turns until further orders. After considering the grievance of
both parties and the stand of the Government, the Division Bench of this Court on 28-01-2003 modified the earlier order and arrived at a
conclusion that prima facie case is made in favour of Odd Turn ayacutdars and so also the balance of convenience. After holding so, the Division
Bench directed the continuance of release of water to the Odd Turn ayacutdars. Pursuant to the order of this Court dated 28-01-2003, water was
released to Odd Turn Ayacutdars from 01-02-2003 onwards for a period of 8 days. The respondents have released less than one TMC of water
to Odd Turn lands subsequent to the order of this Court dated 28-01-2003. When the petitioner Federation has enquired about the same, it was
informed by the respondents that the water level in the Dam is very low and hence, they expressed their inability to release water to the Odd Turn
lands. The water that was released to the Odd Turn sluice lands is not sufficient to meet the requirements of irrigation. If proper supply of water is
not ensured to the Odd Turn sluice lands, the entire standing crops spread over in an extent of more than 1 lakh Acres of land would be perished
and it will cause untellable misery and irreparable loss to the agriculturists. In similar circumstances, during the year 2001, the Government ordered
the Electricity Board to release 2000 cusees of water per second per day for 12 days from Kundah Hydel Reservoir to Lower Bhavani Project
canal to save the then standing crops. Accordingly, it is the duty of the respondents 1 and 3 to get the water from the 2nd respondent Board for
the Odd Turn sluice lands to save the standing crops. Thousands of agriculturists have raised the crops after the first wetting under the legitimate
expectation that the Government would ensure the remaining supply of water through the next two wettings. As per the original order, water has to
be released for a period of 40 days with three due intervals in between. But so far water was released only for 22 days. They have to release
another 18 days of water to the Odd Turn sluice Agriculturists as per the Government Order. The standing crops raised by the farmers of the Odd
Turn sluice lands in an extent of over 1 lakh Acres of lands is under the peril of perishing without the required supply of water. In those
circumstances, the petitioner Federation has approached this Court for necessary direction.
On direction, Mr. R. Muthukumarasamy, learned Additional Advocate General, appears for the respondents. He has placed the following
details/materials with reference to the claim made by the petitioner Federation. It is stated that water is released to the ryots from the Lower
Bhavani Reservoir. The Lower Bhavani Reservoir gets water from the Kundah Hydel Reservoirs. The various Kundah Hydel Reservoirs have
different capacities of storage and they release water, which water after generation of power is let down to the Lower Bhavani Reservoir. The year
2002-2003 has been a very bad drought year in which there had been failure of monsoons. The water available in the Lower Bhavani Reservoir
along with the water which is received from the Kundah Hydel reservoir has been released to the petitioner''s land for the first wetting from 15-12-
2002 to 29-12-2002 to the extent of about 2.63 TMC. Though initially there was a direction by this Court for one wetting to be given to Even
Turn Ryots, by the subsequent order dated 28-01-2003, this Court held that it was the Odd Turn ayacutdars to get water during this season and
accordingly a direction was issued to continue the release of water to Odd Turn ayacutdars. Pursuant to the said direction, water was released for
the second wetting to the Odd Turn ayacutdars (petitioners) from 01-02-2003 to 09-02-2003 to the extent of 1.11 TMC. The water available in
the Lower Bhavani Reservoir as on date is only 1.194 TMC (1194 MCFT). Deducting the storage of 744.790 MCFT which cannot be released
to the canal (which is required for river sluices and dead storage) the available water in the Lower Bhavani Reservoir for supply to the petitioners
will be 450 MCFT. The water storage level in all the Hydel reservoir put together as on date is 4.36 TMC, Tamil Nadu Electricity Board is
required to generate the required power by using at least the minimum quantity of water continuously upto the end of June, 2003 in order to meet
the peak hour supply requirement. At present, the Tamil Nadu Electricity Board is generating power from Kundah Hydro station only during short
spell in the morning and in the evening to generate the required power for peak hour consumption which requires about 30 to 35 MCFT of water
everyday, which water will be let down to Lower Bhavani Reservoir. The Tamil Nadu Electricity Board is required to continue to generate that
limited power every day upto the end of June, 2003, and for that purpose, they cannot use more than about 30 to 35 MCFT per day. Thus, it is
only this quantity of water viz., 30 to 35 MCFT of water which will go down to Lower Bhavani Reservoir every day. The respondents have got to
balance the requirement of the petitioner/farmers on the one hand and the need to generate power for peak hour consumption on the other hand.
Thus balancing both, it would be possible for the respondents to give supply for 18 days approximately a little more than 1 TMC of water for the
third wetting.
Mr. V.K. Muthusamy, learned senior counsel for the petitioner, by pointing out commissioning of Lower Bhavani Project in 1954, the
entitlement of the petitioner Federation, G.O.Ms. No. 592, Public Works (S1) Department, dated 4-12-2002, directing release of water in favour
of Odd Turn sluice lands, the specific finding of the Division Bench in Writ Petition No. 45182/2002, would contend that appropriate direction
may be issued for release of water as claimed by the petitioner. On the other hand, learned Additional Advocate general, while accepting the
entitlement of Odd Turn agriculturists, particularly in the light of G.O.Ms. No. 592, dated 4-12-2002 as well as the direction of this Court dated
28-01-2003, and considering poor storage level, though the entire claim of the petitioner cannot be acceded to, willing to accept if reasonable
direction is issued for release of water. I have already referred to the claim of the petitioner, the stand taken by the respondents. There is no
dispute that as per G.O.Ms. No. 592 Public Works Department dated 4-12-2002, water has to be released to Odd Turn sluice lands for a period
of 4 days through 3 wettings, namely,
1st wetting from 15-12-2002 to 29-12-2002
2nd wetting from 10-01-2003 to 23-01-2003
3rd wetting from 04-02-2003 to 17-02-200d
It is also not disputed that as per the said Government Order, water was released for the first wetting for a period of 14 days from 15-12-2002 to
29-12-2002. It is the claim of the petitioner that based on the release of water through the first wetting for a period of 14 days, the agriculturists
invested huge amount and also cultivated in an extent of over 1 lakh Acres of land raising the following crops:
(a) Gingley - 50,000 Acres
(b) Groundnut - 20,000 Acres
(c) Sugarcane, - 30,000 Acres
Tapioca, Turmeric etc.
It is true that at the intervention of one Ravi, a direction was issued for releasing water in favour of Even Turn ayacutdars lands. Learned Additional
Advocate General has brought to my notice that subsequent to the said Order, 1.54 TMC water was released for a period of 8 days from 6-1-
2003 to 14-1-2003. It is not disputed that thereafter, the Division Bench by order dated 28-01-2003, directed the Government to continue the
release of water to the Odd Turn ayacutdars. I have already referred to the specific conclusion arrived by the Division Bench in the order dated
28-01-2003, holding that prima facie case is made out in favour of Odd Turn sluice lands and balance of convenience is also in their favour.
Learned senior counsel for the petitioner Federation has also highlighted that if water is released for a further period, the entire harvest made in 1
lakh Acres will wither away. He also points out the letter dated 2-1-2003 of the Executive Engineer, Erode, addressed to the District Collector,
Erode for taking steps to release water from Kundah Hydel Reservoir from Lower Bhavani Project. It is also brought to my notice that the District
Collector, Erode has also explained the factual position and the ground realities to the Secretary, Public Works Department regarding the
consequences if the timely supply of water is not ensured to the Odd Turn lands. The Chief Engineer, Public Works Department (Irrigation) has
also recommended to the Government for release of water from Kundah Hydel Reservoir to Lower Bhavani Project.
All the above details show that the State has bounden duty to protect the thousands of farmers who are placed in great predicament. Based on
the Government Order 592, dated 4-12-2002, thousands of Odd Turn agriculturists have raised crops after the first wetting under the legitimate
expectation that the Government would ensure the remaining supply of water through the next 2 wettings. Taking of all the above aspects,
particularly the standing crops raised by the farmers of the Odd Turn sluice lands in an extent of 1 lakh Acres is under the peril of perishing without
the required supply of water, and in the light of the materials placed by the learned Additional Advocate General complaining the requirement of
the petitioner/farmers on the one hand and the need to generate power for peak hour consumption on the other hand, the following direction is
issued to the respondents:
The respondents are directed to supply for about 18 days viz., from 26-02-2003 to 15-03-2003 at the rate about 60 MCFT per day
(approximately a little more than 1 TMC of water) for the third wetting to the Odd Turn sluice lands.
Writ Petition is ordered to this extent. No cots. Consequently, connected WPMP is closed.