IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.52942 OF 2018 C/W WRIT PETITION NO.55050 OF 2018 (GM-RES) PIL IN W.P.NO.52942/2018 BETWEEN:
GURUNATH VADDE S/O VAIJINATH RAO AGED ABOUT 51 YEARS OCCUPATION: SOCIAL WORKER R/A # 14, SANTHOSH COLONY AURAD (B) TALUKA DISTRICT BIDAR – 585 326 (BY SMT. SARASWATHI, ADVOCATE) AND:
1 . THE CHIEF MINISTER GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001 2 . THE INCHARGE MINISTER BIDAR DISTRICT & MINISTER OF CO-OPERATION, GOVERNTMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001 3 . THE PRESIDENT (HKADB) HYDERABAD KARNATAKA AREA DEVELOPMENT BOARD ... PETITIONER KALBURGI DISTRICT KALBURGI – 587 276 4 . THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001 5 . THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU – 560 001 6 . THE SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU – 560 001 7 . THE PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M.S. BUILDING BENGALURU – 560 001 8 . THE SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M.S.BUILDING BENGALURU – 560 001 9 . THE SECRETARY (HKADB) HYDERABAD-KARNATKA AREA, DEVELOPMENT BOARD, KALBURGI DISTRICT KALBURGI – 587 276 10 . THE DEPUTY COMMISSIONER BIDAR DISTRICT BIDAR – 585 401 11 . THE ASSISTANT COMMISSIONER BIDAR DISTRICT BIDAR – 585 401 12 . CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH BIDAR DISTRICT BIDAR – 585 401 13 . EXECUTIVE OFFICER TALUKA PANCHAYATH AURAD (B) AURAD (B) TALUKA DISTRICT BIDAR – 585 326 14 . THE TAHASILDAR AURAD (B) TALUKA DISTRICT BIDAR – 585 326 15 . THE TAHASILDAR KAMALNAGAR TALUKA DISTRICT BIDAR – 585 325 16 . CHIEF OFFICER TOWN PANCHAYATH AURAD (B) AURAD (B) TALUKA DISTRICT BIDAR – 585 326 17 . THE PANCHAYATH DEVELOPMENT OFFICER GRAM PANCHAYATH KAMALANAGAR TALUKA KAMALNAGAR DISTRICT BIDAR – 585 325 ... RESPONDENTS (SHRI P.B. ACHAPPA, AGA FOR R1 TO R11, R14 & R15) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT OR ORDER TO THE 2nd, 5th, 7th RESPONDENTS FOR SANCTION OF DRINKING WATER SUPPLY SCHEME THROUGH PEPELINE DIRECTLY FROM THE KARANJA RESERVOIR TO AURAD (B) AND KAMALANAGAR TALUKA CENTRES, BIDAR DISTRICT VIDE ANNEXURE-A DATED 31.10.2018 AND ETC.
IN W.P.NO.55050/2018 BETWEEN:
GURUNATH VADDE S/O VAIJINATH RAO AGED ABOUT 51 YEARS OCCUPATION: SOCIAL WORKER R/A # 14, SANTHOSH COLONY AURAD (B) TALUKA DISTRICT BIDAR – 585 326 (BY SMT. SARASWATHI, ADVOCATE) AND:
1 . CHIEF MINISTER GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001 2 . THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001 3. PRINCIPAL SECRETARY DEPARTMENT OF WATER RESOURCES VIKASA SOUDHA BENGALURU – 560 001 4. PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING BENGALURU – 560 001 5. THE REGIONAL COMMISSIONER KALBURGI CITY NEAR TIMMAPUR CIRCLE KALBURGI – 587 201 6. THE DEPUTY COMMISSIONER BIDAR DISTRICT BIDAR – 585 401 ... PETITIONER 7. THE ASSISTANT COMMISSIONER BIDAR SUB-DIVISION OPP: OLD BUS STAND BIDAR – 585 401 (BY SHRI P.B. ACHAPPA, AGA) ... RESPONDENTS ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE 5TH RESPONDENT REGARDING SUPPLY OF WATER TO THE RIVER MANJRA FROM KARANJA RESERVOIR FOR THE LIVELIHOOD OF VILLAGERS AND THE CATTLES IN AURAD AND BIDAR TALUKA, BECAUSE THE STATE GOVERNMENT HAS DECLARED THIS TALUKA AS DRAUGHT AFFECTED AREA; AND TO CONDUCT JUDICIAL ENQUIRY REGARDING DISCRIMINATION BY THE GOVERNMENT, MISUSE OF POWER, CORRUPTION VIDE ANNEXURE-E DATED 04.12.2018 ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondents.
2. In W.P.No.52942/2018, a writ of mandamus has been prayed seeking a direction against the concerned respondents for sanction of the drinking water supply scheme through pipeline directly from the Karanja Reservoir to Aurad (B) and Kamalanagar Taluk centres, Bidar District. In W.P.No.55050/2018, the prayer is for issuing a writ of mandamus directing supply of water of river Manjra from the Karanja Reservoir for the benefit of Aurad and Bidar Taluks.
3. We have perused the objections filed by the State of Dr.H.R.Mahadev, Deputy Commissioner, Bidar. There are two parts of the objections. The first part deals with the wider prayer of supplying water from the aforesaid reservoir. In paragraphs 2 and 3, the State has explained why water is not being supplied to Aurad (B) Town from Karanja Reservoir. It is stated that water available in the reservoir has to be supplied to the City of Bidar, Humnabad, Bhalki, Chitguppa and Hallikheda Towns of Bidar District. In paragraph 4, various measures proposed to be taken have been set out by the State Government. Paragraph 7 records that it is technically unviable and economically not feasible to supply water by installing pipelines from the reservoir to the towns of Aurad (B) and Kamalanagar as the distance between the reservoir and the said towns is about 75 kms. and 100 kms. respectively.
4. There is a further affidavit filed by Dr.H.R.Mahadev, in which it is stated that a letter has been addressed to the Secretaries of the Urban Development, Rural Development and Panchayat Raj Department of the Government of Karnataka to constitute a technical team to make a survey and provide technical know-how for the purpose of supplying water from Karanja Reservoir to the aforesaid two towns.
5. In view of what is stated on oath by the State Government, a writ of mandamus as prayed for in both the petitions cannot be issued. However, the State Government will have to comply with the assurance given in paragraph 4 of the first objections. It is stated that ten tankers have been deployed for supplying water to Aurad (B) town at an average of forty trips per day. As stated in the subsequent affidavit, a technical team needs to be constituted to make a survey and to provide a technical know-how for the purposes of ascertaining feasibility supplying water from the Karanja Reservoir to the towns of Aurad (B) and Kamalanagar.
6. We dispose of the petitions by passing the following order:
(i) The State of Karnataka shall ensure that so long as there is no proper scheme to supply water to the town of Aurad (B), supply of water by requisite number of tankers everyday as stated in the objections dated 10th July 2019 shall continue;
(ii) We direct the State Government to immediately consider of constituting a technical team as suggested in the affidavit of Dr.H.R.Mahadev on 14th August 2019 and sanction necessary funds to the said team;
(iii) The petitions are disposed of with the above directions.
(iv) Though the petitions are disposed of, for reporting compliance of the directions issued to constitute a the technical team, let the petitions be listed on 19th December 2019.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB