Adv.for the complainant- Sri B.C.Pradhan & D.C.I.C.
Adv.for the Opp.Parties – Sri S.K.Mishra, G.P.
Date of filing of the case -31.10.2013
Date of order - 16.10.2015
JUDGMENT.
Sri P.Samantara,President.
Succinctly put, the complainant is a farmer and used canal water under the command area of Ong Irrigation Project and paying the water tax/cess accordingly. The land is coming within the jurisdiction of command area of the O.Ps and receiving the water supply through Bangabahal sub-minor canal out let No.4. During the crop season 2011 raised paddy and the supply of water failed,the complainant brought the matter to Pani Panchayat committee of Harabhanga on dt.28.09.2011. Due to non supply of water suffered damages of paddy crop to the tune of Rs 17,000/- per acre. So the O.Ps are liable to pay. Prayed the O.Ps may be directed to pay compensation and cost as deemed fit.
2, In pursuant to notice, the O.Ps appeared and filed the version contending the complaint is an abuse of process of law and is not maintainable as suppressing of material fact is evident. It is the sole responsibility of the said Pani Panchayat to decide and distribute the water to the ayacutdars/farmers. The complainant has not made the Pani Panchayat as a party in this case, so the case is not maintainable for none joinder of necessary party. The O.Ps have nothing to except the maintenance of the project. As such there is no deficiency in service on their part.
3. Further contending paying water tax, one cannot claim to be consumer. Payment of property tax or water tax can not constitute payment of consideration for hiring and availing of service from the statutory body. As such the complaint is not maintainable.
4. Again more contending that as per the prevailing record of Pani Panchayat the land plot no.257,Khata No.49 covering an area of Ac 4.60 dec.of Bangabahal Sub minor which has been suppressed by the complainant. The distribution of water among the ayacutdars within the reach of the out let is the responsibility of the Pani Panchayat. Further it is submitted the farmers/ayacutdars are getting water through Bangabahal sub minor canal by out let No.6((L),7(L),8(L). 9(L), 10(L),119l0. 12(L), & 13(L) and no complain is made so non supply of water and allegations thereof is not believable since the complainants lands are situated at upper hand. Hence prayed that the complaint petition filed by the complainant is liable to be dismissed being devoid of merit.
5. Heard and perused the record.
6. On the outset perusal of record reveals, Pani Panchayat system is participatory Irrigation Management (PIM) programme for benefit of the farmers. Pani Panchayat is also called (WUA) Water User Association. The tertiary irrigation networks (Minor/Sub-minors) rest with the Pani Panchayat and beneficiaries participate in operation, maintenance and management of the system. As per the Pani Panchayat guidelines/And the Orisha Pani Panchayat Rule,2003, the farmer beneficiary to be eligible as a member in Pani Panchayat a token money of Rs 10/- or as is decided by the committee is collected as a membership fee and in the present case such membership subscription receipt has not furnished in admission that the complainant is a member of designated Pani Panchayat as raised with.
7. Further readings relating to functions and responsibility of Pani Panchayat:-
(a)The Pani Panchayat will assume full responsibility for operation and maintenance of the minor/sub-minor and all structures turned over to it.
(b)The Pani Panchayatwill ensure construction, maintenance and repair of all the water courses field channels, field drains and other drain structures within the jurisdiction of the water user’s association.
©The Pani Panchayat will protect the entire system covered under the said area within its jurisdiction from any damage whatsoever.
(d)The Pani Panchayat will undertake/suggest measures for improved water management at the level of minor/sub minor.
(e)The Pani Panchayat…….regard, wherever possible water shall be supplied for Water User’s Association on volumetric basis.
(f) xx xx
(g)The Pani Panchayat may ask for and obtain from the Deptt of Water resources information on planned operation and maintenance activities in the entire system.
8. In addition to above noted clause we further observe, under the Orissa Pani Panchayat Rules,2003 and under rule-31, the right to levying and collection of fees/water rate rests on the Pani Panchayat so we prefer to go with the view that Pani Panchayat be made a party for proper adjudication of the case. As because membership subscription fees and water rate collection can be ascertained from the concerned register retained at the Pani Panchayat, even supply of water, non reaching of water and management of water rests with the Pani Panchayat not with the O.Ps as alleged.
9. Further we found the documents relied are unattested photocopies and same documents have been relied with in various cases in alternatively. Hence no documents persist to note, the consideration has been paid as besides the Pani Panchayat receipts, the status of a consumer cannot be accommodated.
In view of the above made discussion, we considered, the complaint is not a consumer as being admitted as a Pani Panchayat member. So the complainant failed in giving documentary evidence & non joionder of necessary party as per the law, that the case is hereby dismissed.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 16TH DAY OF OCTOBER 2015.
( G.K.Rath) (P.Samantara)
MEMB ER. PRESIDENT.
