Stating that decisions on the designs of irrigation projects were better left to the government, the Telangana High Court on Monday dismissed a Public Interest Litigation (PIL) petition seeking direction to government not to change canal plan of an irrigation project in Bhongir-Yadadri district.
A Division Bench comprising Acting Chief Justice Raghvendra Singh Chauhan and Justice A. Rajasheker Reddy passed the direction observing that the Supreme Court had recently came down heavily on the High Courts for passing directions in such purely administrative matters.
A farmer from Ramgoni Thanda of the district approached the HC through the PIL petition stating that the authorities had altered the canal plan of an irrigation project deviating from the original one.
He said the change in canal plan would mean acquiring lands of some villagers and residents of the Thanda. The petitioner’s counsel contended that this was the consequence of the alteration in the canal plan and against the provisions of the Land Acquisition Action Act-1984. Wondering if the HC has the expertise to decide upon the opinion of experts who altered the plan and requirements of the people, the Bench said it can seek explanation from the government only if the petitioner can prove there were malafide intentions behind the change in canal plan.
‘Ask govt. first’
“There is no such evidence in your petition to prove the government had malafide intentions,” ACJ Raghvendra Singh observed. He said the petitioner had the option of requesting the government not to introduce changes in the plan even if the court had rejected his plea.
“You should first speak to your government … Judiciary doesn’t have a magic wand,” the ACJ remarked. Stating that the court cannot go into the disputed questions of irrigation projects, the Bench said the petitioner had come to the wrong forum and suggested that he better persuade the government on the matter.
If there are stones in your kidneys, you will go to a nephrologist and not a cardiologist, the ACJ said. Parts of Telangana State are located in higher plateau while the rivers flowing at lower level. This requires water to be lifted upward for irrigating lands. In this backdrop, plans related to canals are better left to the government, the bench said.