Nagar Panchayat Moonak and Ors. Versus State of Punjab and Ors

Nagar Panchayat Moonak and Ors. Versus State of Punjab and Ors

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले



REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Special Leave Petition (C) NO. 39422 OF 2013
Nagar Panchayat Moonak and Ors. …Appellant(s)
Versus
State of Punjab and Ors. …Respondent(s)
O R D E R
1. Considering the problem of over flooding of Ghaggar Basin to the
detriment of 25 villages in the States of Punjab and Haryana by order
dated 11.03.2019, the Chairman, CWC was directed to conduct a
meeting to find a solution to the problem of flood experienced by
agriculturists from 25 villages due to overflowing of river Ghaggar. This
Court also directed the States of Haryana and Punjab to participate in
the meeting. It appears that thereafter a meeting was conducted on
01.03.2019, by the Ghaggar Standing Committee. It was decided in the
said meeting that a Mathematical Model Study (MMS) should be
conducted by CWPRS, Pune, regarding mitigation of flood problems for
the entire Ghaggar basin in consultation with the respective State
Governments. By order dated 11.03.2019, this Court requested the
CWPRS, Pune and the States of Punjab and Haryana to act promptly.
1
The CWPRS, Pune was directed to complete the study and place a
report before this Court,
2. Ms. Aishwarya Bhati, learned ASG appearing on behalf of the
Central Water Commission has placed on record the additional
information regarding Mathematical Model Study (MMS) on Ghaggar
basin and the latest updates. In the additional information, it is stated as
under:-
 CWPRS, Pune vide letter dated 09.10.2020
submitted the preliminary report on mathematical
model studies to safely pass the flood of river
Ghaggar in the states of Haryana and Punjab.
 30th GSC meeting was held on 18.12.2020 to
discuss the preliminary model study report. Minutes
of Meeting was circulated on 23.12.2020.
 Govt. of Punjab and Haryana submitted their views
on Minutes of 30th GSC meeting vide letter dated
23.12.2020 and 31.12.2020 respectively.
 CWPRS submitted point wise clarifications to views
of state vide letter dated 01.01.2021.
 CWC vide letter dated 29.01.2021 requested to
CWPRS that model study report may be finalized in
direct co-ordination with State Govts regarding their
views/observations at earliest.
2
 CWC vide letter dated 20.05.2021 requested
CWPRS to submit model study report at the
earliest.
 CWPRS submitted first draft technical report which
was forwarded to State Govts vide letter dated
07.06.2021
 31st GSC meeting was held on 14.07.2021 to
discuss the first draft technical report and minutes of
Meeting was circulated vide letter dated 19.07.2021.
 CWPRS submitted second draft technical report on
19.07.2021.
 CWC vide letter dated 10.08.2021 requested State
Govts to submit views on Minutes of 31st GSC
meeting.
 Govt of Punjab submitted views on Minutes of 31st
GSC meeting vide letter dated 05.08.2021 and Govt
of Haryana vide letter dated 11.08.2021 &
16.08.2021.
 Final Model Study report was submitted by CWPRS
vide letter dated 20.09.2021, which was forwarded
to State Govts vide CWC letter dated 21.09.2021.
 32nd GSC meeting was held on 12.10.2021 to
discuss the final model study report. Minutes of
Meeting was circulated on 13.10.2021. In the
meeting it was concluded that.
i. Short term measures, recommended in case
2(d), which involves widening of river from
60m-90m at some feasible reaches along with
limiting water level rise to 2 m at both banks
3
by constructing embankments, in model study
report is an optimal solution and needs to be
adopted by State Govts.
ii. State Governments may act appropriately and
in time bound manner as per the
recommendations made in the final model
study report by CWPRS, Pune.
3. In view of the above, now, the concerned States namely, the
States of Punjab and Haryana are required to act and take measures
recommended by CWPRS, Pune, recommended vide its final report.
The copies of which are already forwarded to the States of Punjab and
Haryana as far as back on 21.09.2021. It also appears that even the
recommendations made by CWPRS, Pune in the form of Mathematical
Model Study (MMS) has also been considered by the Ghaggar Standing
Committee.
4. In view of the above, now, the concerned State Governments are
required to act appropriately and in time bound manner as per the
recommendations made in the final Model Study Report by CWPRS,
Pune so that the problem of overflooding of Ghaggar basin to the
detriment of 25 villages, which has remained unresolved for last many
years can be resolved. Therefore, we direct the concerned States to
take appropriate steps in terms of the recommendations made in the
final Model Study Report submitted by CWPRS, Pune and to take all
corrective measures as suggested/recommended.
4
There shall be periodical meetings every four weeks of the
concerned stakeholders to discuss the progress on implementation of
the recommendations. The Ghaggar Standing Committee to send a
report after receiving all further information from the concerned States on
implementation of the recommendations every three months to the
Central Water Commission and in turn the Central Water Commission to
submit the report before this Court in the present proceedings.
Put up the matter on 09.11.2022.
………………………………….J.
 [M.R. SHAH]
NEW DELHI; ………………………………….J.
AUGUST 17, 2022. [B.V. NAGARATHNA]
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