Karnataka High Court
Shri Shankrappa Ambali vs The Stateof Karnataka on 10 January, 2025
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K.V. ARAVIND
WRIT PETITION NO. 27303 OF 2023 (GM-RES-PIL)
BETWEEN:
SHRI SHANKRAPPA AMBALI
S/O RUDRAPPA
AGE: 56 YEARS
OCCUPATION: FARMER
R/AT: PT. HEBBAL
TQ: NAVALGUND
DT: DHARWAD-582 208
... PETITIONER
(BY SRI SANKET SHANKRAPPA AMBALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF WATER RESOURCES
GOVERNMENT OF KARNATAKA
VIKAS SOUDHA
BENGALURU-560 001
2. REGIONAL COMMISSIONER
BELAGAVI DIVISION
OFFICE OF REGIONAL COMMISSIONER
BELAGAVI-590 001
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3. DISTRICT COMMISSIONER
DHARWAD DISTRICT
D.C. COMPOUND
DHARWAD-580 001
4. CHIEF ENGINEER
MALAPRABHA PROJECT ZONE
KNNL
DHARWAD-580 001
5. MEMBER SECRETARY
MALAPRABHA PROJECT IRRIGATION
ADVISORY COMMITTEE/
SUPERINTENDENT ENGINEER
M.L.B.C. CIRCLE, KNNL
NAVILUTEERTHA
SAVADATTI
BELAGAVI-591 116
... RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-4;
SRI B R PRASHANTH, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE
WRIT/ORDER/DIRECTION OF APPROPRIATE NATURE TO
INVESTIGATE THE USE OF WATER IN NAVILUTEERTHA
RESERVOIR, SUBSEQUENTLY FORM A COMPETENT
COMMITTEE TO DRAFT A 'SCHEME FOR USE OF WATER
OF THE NAVILUTEERTHA RESERVOIR' BASED ON
GROUND ANALYSIS OF DEMAND FOR DRINKING WATER
AND BY MANDATORILY RESERVING A PORTION OF IT
FOR IRRIGATION IN EVERY SEASON AND PROHIBITING
THE USE OF WATER FOR INDUSTRIAL PURPOSE AND
ETC.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT, COMING ON FOR
PRONOUNCEMENT THIS DAY, JUDGMENT WAS
PRONOUNCED AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N.V. ANJARIA
and
HON'BLE MR. JUSTICE K.V. ARAVIND
C.A.V. JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Sanket Shankrappa Ambali
for the petitioner, learned Additional Government Advocate
Smt. Niloufer Akbar for respondent Nos.1 to 4 and learned
advocate Mr. B.R. Prashanth for respondent No.5.
2. The present public interest petition is filed by the
petitioner who claims to be a farmer by occupation as also the
State President of the Karnataka Rait Sene which is a
registered society of farmers. It is claimed that the petitioner
fights for the farmers' rights.
2.1 The prayer advanced in this public interest petition is to
direct the authorities to investigate the use of water in
Naviluteertha reservoir and to form a competent committee to
draft a scheme for use of water of the Naviluteertha reservoir
based on ground analysis of demand for drinking water. It is
prayed to mandatorily reserve a portion of water for irrigation in
every season and to prohibit the use of water for industrial
purpose.
2.2 Further prayer is made to direct the respondent-State to
pay compensation to the farmers of the notified area of
Malaprabha Irrigation Project based on the land holding,
whenever the State fails to supply water for irrigation. The third
part of the prayer is to direct the respondents-authorities not to
act in arbitrary manner and to pass necessary orders to stop
the use of water in the Naviluteertha reservoir and its canal
network for irrigation purpose.
3. The case pleaded by the petitioner is inter alia that
Renuka Sagar Dam constructed across the river Malaprabha at
Munolli Village, Savadatti Taluka of Belagavi District forms the
Naviluteertha Reservoir. It was a project proposed by the
Government of Bombay in the Second Five Year Plan of the
State to provide irrigation facilities to three districts namely,
Bijapur, Belgaum and Dharwad. The project was given
administrative sanction by the State of Mysore on
27/28.11.1961, it was stated, after getting clearance from the
Central Water and Power Commission.
3.1 The project seeks to irrigate 3,00,000 Acres of land. It is
the grievance of the petitioner that although the project was
designed for the purpose of extending irrigation facilities and
irrigation water, gradually, the State authorities started using
the reservoir for the purpose of providing drinking water to
meet with the drinking water demand of Hubli-Dharwad twin
cities and to fill the rural water tanks in the Malaprabha
command area. It is stated that the interstate Mahadayi water
dispute has its impact on balancing of the drinking water
demand stress on the Naviluteertha reservoir.
3.2 It is further stated that respondent No.3-the District
Commissioner, Dharwad, passed the order in August 2023 to
release 0.907 TMC of water for drinking water purpose with a
condition not to use the same for any other purpose. It was
provided that if water is used for any other purpose, legal
action will be taken and the unauthorised pump sets will be
seized under the provisions of the Karnataka Irrigation Act,
1965.
3.3 The crux of the grievance is that the said reservoir was
constructed for the purpose of irrigation which is now used for
industrial purpose. It is alleged that in the name of providing
drinking water, the water is diverted for industrial purpose. It is
stated that any scientific analysis for demand of drinking water
is not undertaken in order to justify the use of water for any
purpose other than the irrigation.
3.4 It is alleged that in the guise of drinking water purpose,
the respondents-authorities are conspiring to help the
industries and on the other hand, deprived the farmers of
irrigational water.
4. Learned advocate for the petitioner submitted with
reference to Section 29 of the Karnataka Irrigation Act, 1965
that releasing the water for irrigational purpose is a statutory
right and could not have been curtailed by the authorities by
diverting the water from the reservoir to industrial or drinking
purposes. Also relied on by learned advocate was the details
of the water level in the reservoir as on 05.08.2023 and that of
the previous year on 05.08.2022. The meeting dated
05.08.2023 held under the Chairmanship of the Regional
Commissioner, Belagavi Division, regarding systematic use of
water stored in Naviluteertha reservoir only for drinking
purpose was relied on for the various details of drinking water
requirements than other fillings, to highlight that the entire
purpose of the reservoir which was for irrigation, is tinkered
with.
4.1 In response to the notice issued in the petition, the
respondents entered appearance and filed the statement of
objections/affidavit-in-reply. Learned Additional Government
Advocate made submissions highlighting the contents and the
contentions from the statement of objections.
4.2 About the dam water level as well as the allocation of
water, it was stated thus,
"...during 1972, when the dam was being
constructed, it was designed for 37 TMC and
Full Reservoir Level (FRL) etc., were fixed as
no guage date was available in those days for
measuring the quantum of water. The
quantum was calculated using Empirical
formulae. The allocation of water for
Malaprabha Project was 44 TMC. It was
observed during 2008-09 that the dam was
filled to its Full Reservoir Level only for 6
years from its completion. The Upper
reaches of the Malaprabha catchment area
(Khanapura Taluk of Belagavi District)
receives a rainfall of 4000 mili meters, but
catchment coming under chronically drought,
hits Taluks of Bailhongal, Saundatti receives
rainfall less than 500 mili meters. After
studying the inflow details of Malaprabha
(Navilutheertha) dam, 75% of dependable
water yield works out to 27 TMC.
Accordingly, for Malaprabha project, 27 TMC
allocation of water was made in the Master
Plan for Krishna basis project by the Water
Resources Department, Government of
Karnataka. As of now, water planning is done
for 27 TMC only, which includes 24.234 TMC
for irrigation, 0.201 TMC for drinking water,
0.015 TMC for industrial use and 2.550 TMC
for evaporations losses."
4.2.1 It was the further stand of the authorities that modified
project for Rs.162.09 crores was approved by the Government
of Karnataka by the order dated 04.02.1980. It was with a
view to provide fullest utilization of the available water and to
provide irrigational facilities on the Left Bank of the river to the
districts of Belagavi and Bagalkot for irrigating about 2.132 lakh
hectares of land. The revised cost estimate of the project was
obtained for Malaprabha project and various Lift Irrigation
Schemes were acted upon by utilizing 27 TMC of water in
Krishna basin which was approved by the Government.
4.2.2 The affidavit-in-reply mentions the Detailed Project
Report dated 07.10.2009 as to utilization of water in the
Malaprabha project, extracting the relevant part as under,
"(1) The water for irrigation, drinking purpose
and Industrial use is being utilized as per the
allocation of 27 TMC made to Malaprabha
project in the Master Plan for Krishna basin
project by the Water Resources Department,
Government of Karnataka. As such now, the
water planning is done for 27 TMC only which
includes 24.234 TMC for irrigation, 0.201
TMC for drinking water, 0.015 TMC for
Industrial use and 2.550 TMC for evaporation
losses. Presently, the drinking water demand
has increased and hence, the water for
drinking purpose is given first priority as per
the increase in population, which demand will
definitely increase in future.
(2) The water users for Co-operative
Societies along with a Mahamandala i.e.
Apex Level Federation of Societies are
formed as per the Irrigation Act, 1965
Chapter-IX A Section 62(A)."
4.2.3 The following is further given out in the affidavit,
(a) A meeting was held on 05.08.2014 under
the Chairmanship of the Regional
Commissioner, Belagavi, to plan out the
strategy to meet with the immediate drinking
water demands. Pursuant to the decision
taken, release of the water to the extent of
0.907 TMC for drinking purpose was ordered.
(b) On 20.09.2023, the Irrigation Consultation
Committee held a meeting, wherein also the
scarcity of the storage of water in the
Malaprabha dam was considered. It was
decided to release the water for drinking
purpose as per the demand through Renuka
Lift Irrigation Scheme (RLIS) Canal and
Malaprabha Right Bank Canal to the extent of
1.00 TMC for fifteen days.
(c) Again, a meeting of the Irrigation
Consultation Committee was convened on
04.11.2023 and again it was decided to
release the water for drinking purpose for
filling tanks and groundwater charging in view
of the demand through Singarkoppa Lift
Irrigation Scheme Canal and Malaprabha
Right Bank Canal.
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4.2.4 A press note dated 04.11.2023 was issued in light of the
aforesaid decisions by the Member Secretary of the Irrigation
Consultation Committee informing the farmers not to start
sowing operations in view of depletion of the water level.
4.2.5 It is stated that right from the date of construction in the
year 1973 till the year 2024, the Malaprabha dam has reached
its full level only on nine occasions in the last fifty years. The
water calculation for utilization of the water for the next year is
done depending upon the post monsoon situation and the
availability of water in the reservoir. It is further stated that
having regard to the availability of water stored in the
Malaprabha dam during the year, the Expert Committee, in
consultation with the farmers and their representatives, decided
about the modalities for use of the water of the Malaprabha
reservoir considering the priority for drinking purpose, for
irrigation purpose and for industrial use.
5. The Malaprabha river rises in the Western Ghats at an
altitude of 793 meters for about 16 kms. of Jamboti in Belagavi
District of Karnataka State. This river flows towards the East
and thereafter, in the North-East direction to join Krishna river
at an elevation of about 488 meters about 306 kms. from its
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source. The total catchment area of Malaprabha and its
distributaries is 11,549 sq.kms. A project was taken up for
construction of a storage dam at Peacock Gorge near Manoli
and a Right Bank Canal to irrigate about 1.22 lakh hectares in
the scarcity tracts of Navalagund, Naragund and Ron Taluks.
The project was named as Malaprahba Project, originally
approved at an expense of Rs.20 crores as per the
Government Order dated 27.11.1961.
5.1 In light of the facts stated in the reply, it could be seen
that the respondents have been managing and chalking out the
mechanism for utilizing the water from the reservoir depending
upon priority area where the water is to be supplied and
considering the availability vis-a-vis the need of the water.
Committees are formed for releasing the water for irrigation
combined with drinking water. At the end of the monsoon, the
situation is assessed, the availability of water in the reservoir is
ascertained and the demand is considered.
5.2 The Malaprabha Dam is a multipurpose dam whose
water is used for irrigation, drinking and industrial purposes
having regard to the priorities set in this regard depending upon
the availability of the water. It was stated also that every such
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action of the management in the Irrigation Department is
guided by the Karnataka Irrigation Act, 1965.
5.3 It is to be observed that in making such expert decisions,
the farmers are also involved and their interest and welfare is
also safeguarded. The farmers are informed in advance about
the availability of the water.
5.4 If in a given point of time, the experts in the water
management give priority to use the water for drinking
purposes, the decision could not be faulted, for, it is taken after
assessing the merits of the attendant aspects and after going
through the relevant considerations of priority, need and the
availability of the water in the reservoir. The drinking water
becomes the first priority followed by irrigation and thereafter
for industrial use in a given year.
5.5 For all the above reasons, it is clear that the
respondents-authorities have been attending to the water
management aspects for utilizing the water for different
purposes from the reservoir. The water management is
undoubtedly an expert field where the expert's views have to
be implemented by looking into the ground realities and by
supplying to the needs which may arise for consumption of
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water for drinking purposes and for irrigation purposes in
proper ratio.
5.6 If the portion of the water from the reservoir is released
for drinking purpose, any unlawfulness does not arise in such
action. Such action could not be branded arbitrary when
guided by the germane considerations for proper water
management and due water utilization. Even otherwise, as
stated above, the allocation of water for different purposes
such as, drinking, irrigational or industrial is an expert
management. There are no judicially manageable criteria in
this regard.
6. For all the aforesaid reasons, the public interest petition
is not liable to be entertained. The reliefs could not be granted.
7. The petition is dismissed.
Sd/-
(N.V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K.V. ARAVIND)
JUDGE
BKV
