Orissa High Court
WP(C)/3074/2019 on 28 January, 2021
W.P.(C) No. 3074 of 2019
12. 28.01.2021 1. This matter is taken up by video conferencing mode.
2. Heard Miss Sevati Soren, learned counsel for the Petitioners
and Mr. M.S. Sahoo, learned Additional Government Advocate.
3. The present writ petition has been filed by six inhabitants of
village-Budhakera, Post-Kusubenti, Via-Brahmagiri, P.S.
Brahmagiri, Dist-Puri, with the following prayers, which read
as under:-
"1) To restore Gochar, Gramya Jangal, Patita, Anabadi,
Jalasay, Nayanjari & Sarba Sadharana lands of Mouza-Jagadal,
P.S.-Brahamagiri, Tahasil-Brhamagir, Khata No.537,538,539 &
540 total area Ac.1552.00 dec from the illegal encroachment.
2) To rescue and restore all Yadav cowherd family to live in
their village and to supply irrigation water for drinking and
cultivating their land from irrigation point.
3) To deploy special police force in the village Budhakera
until Gochar, Gramya Jangal, Anabadi & Sarba Sadharana
lands are restored from encroachment till normalcy prevails in
the village".
4. According to Mr. Sahoo, learned counsel for the State, as far
as prayers 1 and 2 are concerned, the dispute has been amicably
settled and right now no further directions are required. The
Petitioners are now using water from Tube wells of the village
ensuring optimum utilization of water by farmers for
improvement of agricultural production. As far as prayer (2) is
concerned, Mr. Sahoo points out that under the Odisha Pani
Panchayat Act, 2002 ('Act'), there is a mechanism provided for
resolution of such disputes regarding sharing of water for
drinking purposes. For user of water for cultivation from
irrigation point, he points to Section 26 of the Act which
envisages settlement of the disputes or differences arising
between the members and the Executive Committee of the Pani
Panchayat by the Executive Committee of the concerned
Farmer's Organization. The said provision reads as under:
"26. Any dispute or difference touching the constitution,
management, powers of functions of a Farmer's Organization
arising between members shall be settled by the Executive
Committee of the concerned Famer's Organization".
5. Under Section 27 of the Act an appeal is provided to
Executive Committee of Distributary Committee. Section 27
reads as under:
"(1) A party to a dispute or difference aggrieved by any
decision made or order passed by the Executive Committee of a
Pani Panchayat may prefer an appeal to the Executive
Committee of the Distributory Committee, whose decision
thereon shall be final.
(2) Any party to a dispute or difference aggrieved by any
decision made or order passed by the Executive Committee of a
Distributary Committee may prefer an appeal to a project
committee, whose decision thereon shall be final.
(3) Any party to dispute or difference aggrieved by any
decision made or order passed by the Executive Committee of a
Project Committee may prefer an appeal to the State Level
Committee, whose decision thereon shall be final.
(4) In case of Lift Irrigation points, any dispute between a
member and the Executive Committee and between the
members, of the Executive Committee, which cannot be
resolved by the Executive Committee, shall be placed before
any competent authority as may be prescribed, whose decision
shall be final and binding.
(5) Any appeal under Sub-section (1) or Sub-section (2) or
Sub-section (3) or Sub-section (4) shall be preferred within 15
days of communication of the decision or the order to the
person aggrieved".
6. The above provisions have to be read with the Odisha Pani
Panchayat Rules, 2003. Rule 7 thereof talks of the rights and
responsibilities of the Farmer's Organization and Rule 8 talks
of the rights and responsibilities of the member users.
7. Ms. Sevati Soren, learned counsel appearing for the
Petitioners, states that she is aware of the above provisions and
that the Petitioners are prepared to abide by the requirements of
the Act and Rules as envisaged.
8. In the facts and circumstances, it is directed that, it is open
for the Petitioners to seek the remedies provided for under the
Act in so far as prayer No.2 of the present petition is concerned.
If the Petitioners invoke the remedies as aforementioned within
a period of fifteen days from today, the dispute shall be decided
expeditiously, and any event, not later than three months from
the date the application is filed.
9. The writ petition is disposed of in the above terms.
10. As the restrictions due to the COVID-19 situation are
continuing, learned counsel for the parties may utilize a soft copy
of this order/judgment available in the High Court's website or
print out thereof at par with certified copy in the manner
prescribed, vide Court's Notice No.4587 dated 25th March, 2020.
AKS/PA
( Dr. S. Muralidhar )
Chief Justice
(D. Dash)
Judge
