CWP No. 3447 of 2008 5
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 3447 of 2008
Date of decision: 3.7.2008
Dr. Satinder Dev and another ...Petitioners
Versus
State of Haryana and others ...Respondents.
CORAM:- HON'BLE MR. JUSTICE K.S.GAREWAL
HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Mr. Shailender Jain, Advocate,
for the petitioners.
Mr. Anil Rathee, Additional Advocate General, Haryana,
for respondents 1 to 6.
Mr. Sandeep Kotla, Advocate, for respondents 11 and 12.
K.S.GAREWAL, J.
CM No.7288 of 2008 is allowed. Replication is taken on
record.
Main case
Dr. Satinder Dev and Paramjit Singh of Barwala, Tehsil and
District Hisar, own 142 kanals and 74 kanals, respectively. Near the
petitioners’ village a thermal plant known as Rajiv Gandhi Khedar Thermal
Power Plant is coming up in village Khedar, over an area of 1250 acres.
Large tracts of land have been acquired for the project. The thermal plant
also requires a huge quantity of water which is to be stored in storage tanks.
CWP No. 3447 of 2008 5
In order to cater for the demand of water, a feeder channel from Sarsana
head was proposed. The channel runs alongside the Bhadawar Distributory
towards Khedar upto RD 45010. The feeder channel then turns to flow
through agricultural fields in order to reach the power plant. The
petitioners’ grievance is that proper alignment of the feeder channel was to
the south of their holdings. But the approved alignment has been made in
such a way that near the holding of petitioner 2, the channel makes a right
angle turn to the right, then flows north for 4 acres to enter the holding of
petitioner 2. Thereafter, the channel takes another right angle turn to the left
and flows right through the holding of petitioner 2 and also to the holding of
petitioner 1. It flows west for 19 acres and takes a right angle turn to the
north to finally reach the thermal plant (the above alignment has been culled
from the site plan Annexure P/3).
The petitioners are naturally aggrieved by the alignment which
has the affect of bifurcating their agricultural holdings. The other grievance
of the petitioners is that the present alignment actually involves two right
angle turns whereas if the channel is aligned in the proper way there would
be only one such turn and the petitioners’ holdings would be saved from
bifurcation.
According to the petitioners, the site plan Annexure P/3 was
obtained by them from the office of Executive Engineer, Adampur, Water
Services Division-respondent 5 under the Right to Information Act. The
site plan Annexure P/3 shows the approved alignment as well as the
proposed alignment. The approved being the one which cuts through the
petitioners’ holdings, while the proposed being the one which flows south of
their holdings.
CWP No. 3447 of 2008 5
The change in the alignment has been allegedly done at the
behest of the private respondents. The petitioners filed representations on
June 12, 2007 and September 20, 2007 (Annexures P/6 and P/7). These
representations were made to the Engineer-in-Chief, Irrigation Department.
Some representations were also made to the Chief Minister, Haryana. The
petitioners also served a legal notice dated January 10, 2008 (Annexure
P/10). In nutshell, the petitioners’ submission is that instead of two bends in
the proposed alignment, which affect their holdings, one bend would be
better and would make the channel flow to the south of their holdings,
saving them from bifurcation. Respondents were proposing to acquire the
land by invoking urgency provisions of Section 17 (2) (C ) and 17 (4) of the
Land Acquisition Act, whereunder the petitioners shall be deprived of filing
the objections. The petitioners are seeking a direction that the akshjra/site
plan (Annexure P/3) alongwith its approval be quashed and the respondents
be directed to revert back to the initial alignment of the proposed channel.
The respondents put in appearance and filed reply of Executive
Engineer, Adampur water Services Division, on behalf of respondents 1 to
6. It was pleaded in the reply that the thermal plant was being constructed
to meet the need of electricity in the region. It was being constructed in the
larger public interest and 1100 acres of land has been acquired. Two units
of the power stations would generate 600 MW energy each, and they
required huge quantity of water. Moreover, the feeder channel was to be a
fully covered channel over which huge RCC slabs would be placed. These
slabs are so thick and durable that they can be even used for movement of
traffic including heavy vehicles. There are no chances of the feeder channel
causing any loss or damage. The covered channel would also prevent theft
CWP No. 3447 of 2008 5
of water.
As regards the site plan Annexure P/3, the respondents claimed
that this was not the approved site plan which had been accepted by the
competent authority. The feeder channel suggested by the petitioners was
not viable as a petrol pump and a flour mill came in the way. The approval
of the alignment had already been accorded by the Chief Engineer on
September 19, 2007, after considering all the aspects of the matter. The
approved alignment was Annexure R5/1. The competent authority had also
approved the issuance of notification under Section 4 of the Land
Acquisition Act on March 31, 2008 and urgency provision had been
invoked. The thermal power station has to be constructed in a very short
span of time to make it operational in January 2009.
We are of the view that no change in the alignment should be
done after the Chief Engineer has granted approval simply to save the
holdings of some landowners from getting bifurcated. Water has to be
taken through a channel from Sarsana head of Bhadawar Distributory to the
thermal plant. The respondents have categorically stated that the channel
shall be covered by RCC slabs which will enable even heavy vehicles to ply
over it. Therefore, there is no danger of flood damage to the fields through
which the channel shall pass. The alignment has been worked out by
technical experts and we are of the opinion that larger public interest must
be kept in view over the private interest of the petitioners. The channel has
to necessarily pass through the agricultural lands falling in the way. Some
loss of productivity or severance of fields is bound to occur. This can be
adequately compensated through payment of compensation.
We do not think this is the case in which this Court should
CWP No. 3447 of 2008 5
interfere in changing the alignment which has been finally approved by the
Chief Engineer.
This petition being devoid of merits is dismissed.
(K.S. GAREWAL)
JUDGE
July 3, 2008 (DAYA CHAUDHARY)
prem JUDGE