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Judgment
The grievance raised in this writ petition in the nature of public interest litigation is in relation to ensuring proper water supply under the Chandan River Canal System and to undertake repair and maintenance of the canal network in the district of Godda which originates in the successor State of Bihar and covers major distance in the State of Jharkhand.
The Chandan Reservoir Project was constructed during the existence of unified Bihar consisting of a dam near Lakshmipur in Banka district, which is now in the administrative control of the successor State of Bihar. As per the stand of Respondent no. 4 to 7( authorities of the Water Resources Department, Government of Jharkhand and Deputy Commissioner, Godda). Chandan High Level Canal directly takes off from the right bank of Chandan Dam with design discharge of 360 cusec and having total length of 3310 chain length (105 Km). Out of this an initial 1333 chain length(42.29Km) falls in Banka district of Bihar. Rest 1977 chain length(62.72 Km) falls in Godda district in the State of Jharkhand.
As per the Respondent no. 4 to 7 Chandan High Level Canal was designed to feed water to 6 weirs constructed over 6 streams. Two of these weirs namely Sukhania and Dakai are located in Bihar and constructed over streams carrying the same names. 4 weirs namely Triveni, Kajhia, Harna South and Harna North are located in Jharkhand and constructed over the streams carrying the same names. The water from Chandan Dam is required to be released in such manner that it feeds water to all the 6 weirs for irrigation purposes.
It is the categorical stand of the Respondent no. 4 to 7 that no water is reaching the State of Jharkhand through Chandan High Level Canal for feeding the 4 weirs located in the State of Jharkhand. They are also unaware whether water from the Chandan Dam is being released to feed the 2 weirs located in the territorial jurisdiction of Bihar . The Chandan Reservoir Project is an inter state project. There has been no firm commitment from the State of Bihar for the quantity of Water that would be released for charging the 4 weirs located in Jharkhand. The State of Jharkhand is ready to repair that portion of Chandan High Level Canal which falls in the State of Jharkhand, only if there is firm commitment from the State of Bihar about the release of water every year from Chandan Dam for use in the territory of Jharkhand. In the absence of charging of 4 weirs in Jharkhand, these weirs are not being able to give irrigation in the lean period of Rabi season. At present these weirs are able to provide irrigation only during Kharif season from the rain water that flows through the streams over which these weirs are located. The State of Jharkhand has taken initiatives to repair the 4 weirs and their canals located in the State of Jharkhand. A sum of Rs.70 Crore has already been sanctioned for the repair and renovation of these weirs and their canals.
Respondent no. 4 to 7 at para 19 of their counter affidavit have also shown their intention to undertake repairing work of the portion of Chandan High Level Canal which fall within the State of Bihar if the State of Bihar gives firm commitment for release of water from Chandan Dam for usage in Jharkhand.
From the supplementary counter affidavit filed by these Respondents, it has been made clear that no water out of the Chandan Reservoir Project / High Level Canal is being supplied for the industrial units located in the district of Godda. Their sources of water are from other rivers and some of them have also been cancelled; one of industrial unit being Jindal Power Limited. Affidavit of Respondent no. 4 to 7 however does not contain any averments as to the interaction / correspondence undertaken with the counter part State of Bihar in respect of release of share of water from Chandan Reservoir Project / High Level Canal after formation of the State. The State of Bihar have not even filed an affidavit till date, though the matter is pending since July 2016.
Learned Government Advocate of the State of Bihar, Mr. S.P.Roy undertakes to seek instruction in the matter and file a comprehensive affidavit within a period of 3 weeks. Let a supplementary affidavit be also filed by the Respondent Authorities of the State of Jharkhand to indicate the steps that have been taken as noted above in the matter of release of water from the Chandan Reservoir Project in the State of Jharkhand.
Let the case appear in the week of 5th February, 2018.