Supreme Court of India
NAGAR PANCHAYAT MOONAK AND ORS. versus STATE OF PUNJAB AND ORS. on 17 August 2022
876
SUPREME COURT REPORTS[2022] 6 S.C.R. 876
[2022] 6 S.C.R.
ANAGAR PANCHAYAT MOONAK AND ORS.
v.
STATE OF PUNJAB AND ORS.
(Special Leave Petition (C) No. 39422 of 2013)
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AUGUST 17, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Floods – Management – Ghaggar Basin – Problem of overflooding of Ghaggar Basin to the detriment of 25 villages in theStates of Punjab and Haryana – Direction to concerned States totake appropriate steps in terms of the recommendations made in thefinal Model Study Report submitted by CWPRS, Pune and to takeall corrective measures as suggested/recommended – There shall beperiodical meetings every four weeks of the concerned stakeholdersto discuss the progress on implementation of the recommendations– Ghaggar Standing Committee to send a report after receiving allfurther information from the concerned States on implementationof the recommendations every three months to the Central WaterCommission and in turn the Central Water Commission to submitthe report before Supreme Court in the present proceedings.
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ECIVIL APPELLATE JURISDICTION: Special Leave Petition(C) No. 39422 of 2013.
From the Judgment and Order dated 22.07.2013 of the High Courtof Punjab and Haryana at Chandigarh in C.M. No.17683 of 2009 inW.P. No.1174 of 2005(O&M).
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K. K. Mohan, Adv. for the Petitioners.
Dr. Manish Singhvi, Sr. Adv., Ms. Ranjeeta Rohatgi, Ms. PragyaBaghel, Ejaz Maqbool, Saif Zia, Ms. Ruchi Kohli, Ms. Suhasini Sen,Ms. Rukhmani Bobde, R. R. Rajesh, T. S. Sabarish, Arvind KumarSharma, Arpit Parkash, Vikalp Sharma, Milind Kumar, Advs. for theGRespondents.
The following Order of the Court was passed:
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1. Considering the problem of over flooding of Ghaggar Basin toHthe detriment of 25 villages in the States of Punjab and Haryana by order dated 11.03.2019, the Chairman, CWC was directed to conduct ameeting to find a solution to the problem of flood experienced byagriculturists from 25 villages due to overflowing of river Ghaggar. ThisCourt also directed the States of Haryana and Punjab to participate inthe meeting. It appears that thereafter a meeting was conducted on01.03.2019, by the Ghaggar Standing Committee. It was decided in thesaid meeting that a Mathematical Model Study (MMS) should beconducted by CWPRS, Pune, regarding mitigation of flood problems forthe entire Ghaggar basin in consultation with the respective StateGovernments. By order dated 11.03.2019, this Court requested theWPRS, Pune and the States of Punjab and Haryana to act promptly.
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The CWPRS, Pune was directed to complete the study and placea report before this Court,
2. Ms. Aishwarya Bhati, learned ASG appearing on behalf of theCentral Water Commission has placed on record the additional informationregarding Mathematical Model Study (MMS) on Ghaggar basin and thelatest updates. In the additional information, it is stated as under:- D
•CWPRS, Pune vide letter dated 09.10.2020 submitted thepreliminary report on mathematical model studies to safelypass the flood of river Ghaggar in the states of Haryana andPunjab.
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•30[th] GSC meeting was held on 18.12.2020 to discuss thepreliminary model study report. Minutes of Meeting wascirculated on 23.12.2020.
•Govt. of Punjab and Haryana submitted their views on Minutesof 30th GSC meeting vide letter dated 23.12.2020 and31.12.2020 respectively.
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•CWPRS submitted point wise clarifications to views of statevide letter dated 01.01.2021.
•CWC vide letter dated 29.01.2021 requested to CWPRS thatmodel study report may be finalized in direct co-ordinationGwith State Govts regarding their views/observations at earliest.
•CWC vide letter dated 20.05.2021 requested CWPRS tosubmit model study report at the earliest.
•CWPRS submitted first draft technical report which wasforwarded to State Govts vide letter dated 07.06.2021
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A•31[st] GSC meeting was held on 14.07.2021 to discuss the firstdraft technical report and minutes of Meeting was circulatedvide letter dated 19.07.2021.
•CWPRS submitted second draft technical report on19.07.2021.B•
•CWC vide letter dated 10.08.2021 requested State Govts tosubmit views on Minutes of 31[st] GSC meeting.
•Govt of Punjab submitted views on Minutes of 31[st] GSCmeeting vide letter dated 05.08.2021 and Govt of Haryanavide letter dated 11.08.2021 & 16.08.2021.C
•Final Model Study report was submitted by CWPRS vide letterdated 20.09.2021, which was forwarded to State Govts videCWC letter dated 21.09.2021.
•32[nd] GSC meeting was held on 12.10.2021 to discuss the finalDmodel study report. Minutes of Meeting was circulated on13.10.2021. In the meeting it was concluded that.
i.Short term measures, recommended in case 2(d), whichinvolves widening of river from 60m-90m at some feasiblereaches along with limiting water level rise to 2 m at bothbanks by constructing embankments, in model study reportEis an optimal solution and needs to be adopted by StateGovts.
ii. State Governments may act appropriately and in time boundmanner as per the recommendations made in the final modelstudy report by CWPRS, Pune.F
3. In view of the above, now, the concerned States namely, theStates of Punjab and Haryana are required to act and take measuresrecommended by CWPRS, Pune, recommended vide its final report.The copies of which are already forwarded to the States of Punjab andHaryana as far as back on 21.09.2021. It also appears that even theGrecommendations made by CWPRS, Pune in the form of MathematicalModel Study (MMS) has also been considered by the Ghaggar StandingCommittee.
4. In view of the above, now, the concerned State Governmentsare required to act appropriately and in time bound manner as per theH
NAGAR PANCHAYAT MOONAK AND ORS. v. STATE OFPUNJAB AND ORS.
recommendations made in the final Model Study Report by CWPRS,Pune so that the problem of overflooding of Ghaggar basin to the detrimentof 25 villages, which has remained unresolved for last many years canbe resolved. Therefore, we direct the concerned States to takeappropriate steps in terms of the recommendations made in the finalModel Study Report submitted by CWPRS, Pune and to take all correctivemeasures as suggested/recommended.
There shall be periodical meetings every four weeks of theconcerned stakeholders to discuss the progress on implementation ofthe recommendations. The Ghaggar Standing Committee to send a reportafter receiving all further information from the concerned States onimplementation of the recommendations every three months to the CentralWater Commission and in turn the Central Water Commission to submitthe report before this Court in the present proceedings.
Put up the matter on 09.11.2022.
Bibhuti Bhushan Bose
Directions issued.
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