LexPARAMBIKULAM A.P.O. ASSOCIATION versus STATE OF TAMIL NADU AND ORS.
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A PARAMBIKULAM A.P.O. ASSOCIATION v. ST A TE OF TAMIL NADU AND ORS. AUGUST 12, 1999 B [B.N. KIRPAL ANDS. RAJENDRA BABU, JJ.] Parambikulam Aliyar Project (Regulation of Water Supply) Act, 1993- lrrigationfacilities by Parambikulam Aliyar Project-Extension of area covered by the project for supply of water-Order of High Court dated 22. 12.1983 C recorded that the appellant would have no objection to an additional area being covered by the project or any further extension provided existing ayacuts were assured supply of water once in 18 months-No mandamus issued to the State not to increase the area to be covered by the Project- No vested right created that appellant would get water once in 18 months- D Act introduced for agrarian reform providing equitable distribution of water and benefit to a large area and more people-Held, cannot be regarded as arbitrary or bad in /aw-Constitution of India, 1950-Article 14. Constitution of India, 1950__.:_Articles 245 and 246-legislative Powers-Validating Statute-State legislature can introduce an ACt with a E view to provide benefit to large number of people-if any pre-existing right is established, legislature can alter it by enacting such an Act-Held, such Act is valid and cannot be said to be arbitrary. The Parambikulam Aliyar Project was undertaken to supply water for agricultural operations in some taluks of Coimbatore District. In 1962, a F declaration was made by the Tamil Nadu Government that ayacutdars would be supplied water once a year under this project. In 1967 it was represented that an area of 1,40,000 acres under the project would be irrigated once a year and balance 1,00,000 acres will be irrigated after the completion of Solaiyar and Nirar Dams. In 1967 the Tamil Nadu Government issued a G government order whereby it decided that water be supplied for irrigating an additional area of 1,15,000 acres. The appellants challenged the decision in the High Court. As a result of agreement between the parties the writ petitions were disposed of by an order dated 22.12.1983. The said order recorded that the appellants would have no objection to additional area of 1,15,000 acres being covered by the project or for any further extension H 396 . - .. PARAMBIKULAM A.P.O. ASSOCIATION v. STATE 397 provided that existing ayacuts were assured of supply of water once in 18 A months. After a decade the State of Tamil Nadu enacted the Parambikulam Aliyar Project (Regulation of Water Supply) Act, 1993 with a view to provide irrigation facilities under the said project by dividing the whole area into four zones, providing irrigation to each zone once in two years as against the existing three zones. The appellants challenged the validity of the Act in the High Court contending that legislature had no power to overrule and set at naught the order dated 22.12.1983. The High Court dismissed the writ petition holding that action of the legislature in seeking to provide water to additional land B could under no circumstances be regarded as arbitrary or illegal. C In this appeal challenging the order the appellants contended that legislature had no power to overrule and set at naught the order dated 22.12.1983 by passing the impugned Act. Dismissing the appeal, this Court D HELD: l.l. The order of the High Court dated 22.12.1983 cannot be construed to mean that a vested right had been created that the appellant would get water once in 18 months. There was no Mandamus issued to the State not to increase the area to be covered by the project. If there were any increase which resulted in supply of water being given not once in 18 months E but at a greater interval then the appellant would have a right to challenge the same. (401-H; 402-A-BI Madan Mohan Pathak & Ors. v. Union of India & Ors. , (1978) 2 SCC 50 and S.R. Bhagwat & Ors. v. State of Mysore, (1995) 6 SCC 16, distinguished. F 2.1. There was valid basis for the enactment of the Parambikulam Aliyar Project (Regulation of Water Supply) Act, 1993. The Act was enacted with a view to provide irrigation facilities under the said Parambikulam Aliyar Project by dividing the whole area into four zones, providing irrigation G to each zone once in two years as against the existing three zones. Considering the change in the circumstances over a period of ten years, this Act was introduced for agrarian reform providing equitable distribution of water and to benefit a large are
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