The Punjab and Haryana high court has clearly observed while hearing the plea of a case where one Sukhraj Singh sought directions to the State to acquire his land where ‘Sirhind Choe’ water was passing from the chunk of the land and also pay adequate compensation along with other statutory benefits as prescribed under the relevant Land Acquisition Act.
The ruling by the Divisional Bench comprising of Justice Sureshwar Thakur and Justice Kuldeep Tiwari upheld the concept that the state government is the trustee of all rivers, natural chaos, natural springs which are res communes that is “things common to all; things that cannot be owned or appropriated, such as light, air, and the sea” and as “common things to all by the law of nature” and these resources must be treated as common heritage of mankind. Therefore, the same things cannot be claimed by any private person. The Bench added that the state government had no obligations to acquire these natural water channels and at the same time have a responsibility to maintain and manage them.
In the particular case, according to the petitioner the Sirhind Choe was constructed thirty to forty years ago by the state government for management and discharge of wastewater of Sirhind, Fatehgarh Sahib, Bassi Pathana and other adjoining villages, but the proceeding for the acquisition were not appropriated. The said choes was rightly notified under the Northern India Canal and Drainage Act, 1873 and therefore, was not required to be put in acquisition. The court mentioned that the drain was a natural drainage of rain water and is in function since time immemorial and thus, is not in dire need of acquisition by the State Government.
The Bench further appreciated and justified the petitioner request for seeking directions to the respondent regarding immediate arrangements to prevent overflow from the chaos as it was damaging the crop and land. The court thus issued a mandamus to the competent authority to take the preventive measures and protect the petitioner’s livelihood from any sort of ill.
The verdict holds its significance in the current scenario of depleting natural water resources and the need for the government to take necessary measures to prevent its depletion and manage them. To check the private players whose main aim is just profit making and have no concerns for environmental issues and sustainability.
Written by Shubhi Yadav , College name: UILS, Panjab University Semester: 3rd, intern under Legal Vidhiya
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