Supreme Court of India

NAGAR PANCHAYAT MOONAK AND ORS.versusSTATE OF PUNJAB AND ORS.

Citation: 2022 INSC 842
Decided: 17 August 2022
Disposal: Directions issued
Bench: M R SHAHB V NAGARATHNA

Holding

The Court held that the States of Punjab and Haryana must act promptly and in a time‑bound manner to implement the recommendations of the final Model Study Report prepared by CWPRS, Pune, and are required to report progress periodically as directed.

Summary

The petitioners, representing 25 villages affected by recurrent flooding of the Ghaggar basin, sought relief from the Supreme Court. The Court had earlier directed the Central Water Commission (CWC) to convene a meeting and ordered the Central Water and Power Research Station (CWPRS), Pune to prepare a Mathematical Model Study (MMS) for flood mitigation. CWPRS submitted a final model study report in September 2021, recommending short‑term measures such as widening the river and constructing embankments. The Court examined the subsequent correspondence and meetings confirming that the states of Punjab and Haryana had received the report. It held that the two states must implement the recommendations in a time‑bound manner, hold stakeholder meetings every four weeks, and submit quarterly progress reports through the Ghaggar Standing Committee to the CWC, which in turn must report to the Court. The directions aim to resolve the long‑standing over‑flooding problem affecting the villages.

Issues considered

Whether the States of Punjab and Haryana are legally bound to implement the flood‑mitigation recommendations of the CWPRS final model study report for the Ghaggar basin.
What monitoring and reporting mechanisms should be instituted to ensure compliance with the Court’s directions.

Subjects

flood managementinter‑state water disputeCentral Water CommissionMathematical Model StudyGhaggar basinimplementation of recommendationsperiodic monitoring

Judgment

876                      [2022]REPORTS
               SUPREME COURT    6 S.C.R. 876               [2022] 6 S.C.R.


A               NAGAR PANCHAYAT MOONAK AND ORS.
                                       v.
                       STATE OF PUNJAB AND ORS.
                 (Special Leave Petition (C) No. 39422 of 2013)
B                              AUGUST 17, 2022
              [M. R. SHAH AND B. V. NAGARATHNA, JJ.]
            Floods – Management – Ghaggar Basin – Problem of over
      flooding of Ghaggar Basin to the detriment of 25 villages in the
      States of Punjab and Haryana – Direction to concerned States to
C
      take appropriate steps in terms of the recommendations made in the
      final Model Study Report submitted by CWPRS, Pune and to take
      all corrective measures as suggested/recommended – There shall be
      periodical meetings every four weeks of the concerned stakeholders
      to discuss the progress on implementation of the recommendations
D     – Ghaggar Standing Committee to send a report after receiving all
      further information from the concerned States on implementation
      of the recommendations every three months to the Central Water
      Commission and in turn the Central Water Commission to submit
      the report before Supreme Court in the present proceedings.
E           CIVIL APPELLATE JURISDICTION: Special Leave Petition
      (C) No. 39422 of 2013.
            From the Judgment and Order dated 22.07.2013 of the High Court
      of Punjab and Haryana at Chandigarh in C.M. No.17683 of 2009 in
      W.P. No.1174 of 2005(O&M).
F           K. K. Mohan, Adv. for the Petitioners.
           Dr. Manish Singhvi, Sr. Adv., Ms. Ranjeeta Rohatgi, Ms. Pragya
      Baghel, Ejaz Maqbool, Saif Zia, Ms. Ruchi Kohli, Ms. Suhasini Sen,
      Ms. Rukhmani Bobde, R. R. Rajesh, T. S. Sabarish, Arvind Kumar
      Sharma, Arpit Parkash, Vikalp Sharma, Milind Kumar, Advs. for the
G     Respondents.
            The following Order of the Court was passed:
                                  ORDER
            1. Considering the problem of over flooding of Ghaggar Basin to
H     the detriment of 25 villages in the States of Punjab and Haryana by
                                       876
   NAGAR PANCHAYAT MOONAK AND ORS. v. STATE OF                                877
                PUNJAB AND ORS.

order dated 11.03.2019, the Chairman, CWC was directed to conduct a           A
meeting to find a solution to the problem of flood experienced by
agriculturists from 25 villages due to overflowing of river Ghaggar. This
Court also directed the States of Haryana and Punjab to participate in
the meeting. It appears that thereafter a meeting was conducted on
01.03.2019, by the Ghaggar Standing Committee. It was decided in the
                                                                              B
said meeting that a Mathematical Model Study (MMS) should be
conducted by CWPRS, Pune, regarding mitigation of flood problems for
the entire Ghaggar basin in consultation with the respective State
Governments. By order dated 11.03.2019, this Court requested the
WPRS, Pune and the States of Punjab and Haryana to act promptly.
      The CWPRS, Pune was directed to complete the study and place            C
a report before this Court,
       2. Ms. Aishwarya Bhati, learned ASG appearing on behalf of the
Central Water Commission has placed on record the additional information
regarding Mathematical Model Study (MMS) on Ghaggar basin and the
latest updates. In the additional information, it is stated as under:-        D

      •    CWPRS, Pune vide letter dated 09.10.2020 submitted the
           preliminary report on mathematical model studies to safely
           pass the flood of river Ghaggar in the states of Haryana and
           Punjab.
                                                                              E
      •    30th GSC meeting was held on 18.12.2020 to discuss the
           preliminary model study report. Minutes of Meeting was
           circulated on 23.12.2020.
      •    Govt. of Punjab and Haryana submitted their views on Minutes
           of 30th GSC meeting vide letter dated 23.12.2020 and               F
           31.12.2020 respectively.
      •    CWPRS submitted point wise clarifications to views of state
           vide letter dated 01.01.2021.
      •    CWC vide letter dated 29.01.2021 requested to CWPRS that
           model study report may be finalized in direct co-ordination        G
           with State Govts regarding their views/observations at earliest.
      •    CWC vide letter dated 20.05.2021 requested CWPRS to
           submit model study report at the earliest.
      •    CWPRS submitted first draft technical report which was
           forwarded to State Govts vide letter dated 07.06.2021              H
878             SUPREME COURT REPORTS                       [2022] 6 S.C.R.


A           •   31st GSC meeting was held on 14.07.2021 to discuss the first
                draft technical report and minutes of Meeting was circulated
                vide letter dated 19.07.2021.
            •   CWPRS submitted second draft technical report on
                19.07.2021.
B           •   CWC vide letter dated 10.08.2021 requested State Govts to
                submit views on Minutes of 31 st GSC meeting.
            •   Govt of Punjab submitted views on Minutes of 31st GSC
                meeting vide letter dated 05.08.2021 and Govt of Haryana
                vide letter dated 11.08.2021 & 16.08.2021.
C
            •   Final Model Study report was submitted by CWPRS vide letter
                dated 20.09.2021, which was forwarded to State Govts vide
                CWC letter dated 21.09.2021.
            •   32nd GSC meeting was held on 12.10.2021 to discuss the final
D               model study report. Minutes of Meeting was circulated on
                13.10.2021. In the meeting it was concluded that.
                i. Short term measures, recommended in case 2(d), which
                   involves widening of river from 60m-90m at some feasible
                   reaches along with limiting water level rise to 2 m at both
                   banks by constructing embankments, in model study report
E
                   is an optimal solution and needs to be adopted by State
                   Govts.
                ii. State Governments may act appropriately and in time bound
                    manner as per the recommendations made in the final model
                    study report by CWPRS, Pune.
F
            3. In view of the above, now, the concerned States namely, the
      States of Punjab and Haryana are required to act and take measures
      recommended by CWPRS, Pune, recommended vide its final report.
      The copies of which are already forwarded to the States of Punjab and
      Haryana as far as back on 21.09.2021. It also appears that even the
G
      recommendations made by CWPRS, Pune in the form of Mathematical
      Model Study (MMS) has also been considered by the Ghaggar Standing
      Committee.
             4. In view of the above, now, the concerned State Governments
      are required to act appropriately and in time bound manner as per the
H
   NAGAR PANCHAYAT MOONAK AND ORS. v. STATE OF                                  879
                PUNJAB AND ORS.

recommendations made in the final Model Study Report by CWPRS,                  A
Pune so that the problem of overflooding of Ghaggar basin to the detriment
of 25 villages, which has remained unresolved for last many years can
be resolved. Therefore, we direct the concerned States to take
appropriate steps in terms of the recommendations made in the final
Model Study Report submitted by CWPRS, Pune and to take all corrective
                                                                                B
measures as suggested/recommended.
       There shall be periodical meetings every four weeks of the
concerned stakeholders to discuss the progress on implementation of
the recommendations. The Ghaggar Standing Committee to send a report
after receiving all further information from the concerned States on
implementation of the recommendations every three months to the Central         C
Water Commission and in turn the Central Water Commission to submit
the report before this Court in the present proceedings.
       Put up the matter on 09.11.2022.

                                                                                D
Bibhuti Bhushan Bose                                       Directions issued.




                                                                                E




                                                                                F




                                                                                G




                                                                                H

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "flood management"Sign in to search