NAGAR PANCHAYAT MOONAK AND ORS. versus STATE OF PUNJAB AND ORS.

Citation: [2022] 6 S.C.R. 876 · Decided: 17-08-2022 · Supreme Court of India · Bench: M.R. SHAH, B.V. NAGARATHNA · Disposal: Directions issued
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A
B
C
D
E
F
G
H
876
SUPREME COURT REPORTS
[2022] 6 S.C.R.
NAGAR PANCHAYAT MOONAK AND ORS.
v.
STATE OF PUNJAB AND ORS.
(Special Leave Petition (C) No. 39422 of 2013)
AUGUST 17, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Floods – Management – Ghaggar Basin – Problem of over
flooding of Ghaggar Basin to the detriment of 25 villages in the
States of Punjab and Haryana – Direction to 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 – There shall be
periodical meetings every four weeks of the concerned stakeholders
to discuss the progress on implementation of the recommendations
– 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 Supreme Court in the present proceedings.
CIVIL APPELLATE JURISDICTION: Special Leave Petition
(C) No. 39422 of 2013.
From the Judgment and Order dated 22.07.2013 of the High Court
of Punjab and Haryana at Chandigarh in C.M. No.17683 of 2009 in
W.P. No.1174 of 2005(O&M).
K. K. Mohan, Adv. for the Petitioners.
Dr. Manish Singhvi, Sr. Adv., Ms. Ranjeeta Rohatgi, Ms. Pragya
Baghel, Ejaz Maqbool, Saif Zia, Ms. Ruchi Kohli, Ms. Suhasini Sen,
Ms. Rukhmani Bobde, R. R. Rajesh, T. S. Sabarish, Arvind Kumar
Sharma, Arpit Parkash, Vikalp Sharma, Milind Kumar, Advs. for the
Respondents.
The following Order of the Court was passed:
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
[2022] 6 S.C.R. 876
876
A
B
C
D
E
F
G
H
877
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
WPRS, Pune and the States of Punjab and Haryana to act promptly.
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.
•
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
NAGAR PANCHAYAT MOONAK AND ORS. v. STATE OF
PUNJAB AND ORS.
A
B
C
D
E
F
G
H
878
SUPREME COURT REPORTS
[2022] 6 S.C.R.
•
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 subm
Excerpt shown. Read the full judgment & AI analysis in Lexace.