REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. 5 OF 2011
in
SPECIAL LEAVE PETITION (Civil) No(s).5822 OF 2006
KACHCHH JAL SANKAT NIVARAN SAMITI & ORS. Petitioner(s)/
Applicant(s)
VERSUS
STATE OF GUJARAT & ANR. Respondent(s)
O R D E R
Heard learned counsel for the
applicant(s)/petitioner(s).
This interlocutory application for directions is
filed in the special leave petition. The special leave
petition has been filed against the judgment of the Gujarat
High Court dated 04.10.2005 dismissing the writ petition
filed by way of Public Interest Litigation. The prayer in
the Writ Petition related to the alleged grievance of meagre
allocation of water from Sardar Sarovar Dam by the State
Government of Gujarat to the district of Kuchchh which is
alleged to constitute 1/4th of the total area of the State of
Gujarat and is alleged to be a drought prone district.
By means of the impugned judgment the Division
Bench of the High Court dismissed the writ petition holding
that there are no judicially manageable standards
for :1:
adjudication for allocation of water in favour of any region
within the State. The Government is the best judge to decide
how much water should be released from the Narmada Canal to
Kuchchh and how much water is to be left for other regions.
All these decisions require delicate balancing and
consideration of complex social and economical
considerations which cannot be brought under the judicial
scrutiny. In fact, the State Government has accepted the
decision of the Narmada Water Disputes Tribunal which cannot
be said to be arbitrary.
Now, this interlocutory application for interim
directions has been filed with the following prayers :-
"(a) to appoint a committee comprising of experts
to go into the pros and cons of various
alternative systems of mode of conveyance of
Narmada waters through Kachchh Branch Canal to
the region of Kachchh with reference to cost
benefit ratio and other relevant aspects and be
further please to direct the committee to submit
a detailed report in this regard to the Hon'ble
Court, and this Hon'ble Court be further pleased
to pass further appropriate orders on receipt of
such expert report.
(b) restrain the respondents from commencing the
construction of proposed Kachchh Branch Canal
until the aforesaid exercise is completed by this
Hon'ble Court.
(c) direct the respondents to consider the
relative cost advantage among various methods for
transportation of water through Kuchchh Branch
Canal.
(d) direct the respondents to consider the
relative cost advantage in transporting water
through Kuchchh Branch by pipeline as suggested
by CWC.
:2:
(e) direct the respondents to present facts and
figures on the basis of which the decision to
transport the water through Kuchchh Branch Canal
has been arrived at by the respondents."
We are of the opinion that the prayer for allocation
of adequate water in Kuchchh district is not one which can
be a matter of judicial review. It is for the executive
authorities to look into this matter. As held by this Court
in Divisional Manager, Aravali Golf Club & Anr. Vs.
Chander Hass & Anr. (2008) 1 SCC 683, there must be
judicial restraint in such matters.
For the reasons above stated, we are not inclined to
grant any of the prayers made in the interlocutory
application. The interlocutory application is dismissed
accordingly.
..........................J.
(MARKANDEY KATJU)
NEW DELHI; ..........................J.
JULY 22, 2011 (CHANDRAMAULI KR. PRASAD)
