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.

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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.

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 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

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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.

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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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