# NAGAR PANCHAYAT MOONAK AND ORS v. STATE OF PUNJAB AND ORS

- **Citation:** [2022] 6 S.C.R. 876
- **Court:** Supreme Court of India
- **Decided:** 2022-08-17
- **Bench:** M. R. Shah, B. V. Nagarathna
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/nagar-panchayat-moonak-and-ors-v-state-of-punjab-and-ors-36320
- **Pages:** 4

## Headnote

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
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
- 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.

## Text

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876
SUPREME COURT REPORTS
[2022] 6 S.C.R.
NAGAR PANCHAYAT MOONAK AND ORS.
v.
STATE OF PUNJAB AND ORS.
(Special Leave Petition (C) No. 39422 of 2013)
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
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
- 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.
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).
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
Respondents.
The following Order of the Court was passed:
O R D E R
1. Considering the problem of over flooding of Ghaggar Basin to
the detriment of 25 villages in the States of Punjab and Haryana by
[2022] 6 S.C.R. 876
876
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order dated 11.03.2019, the Chairman, CWC was directed to conduct 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
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
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:-
•
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.
•
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
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
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
NAGAR PANCHAYAT MOONAK AND ORS. v. STATE OF
PUNJAB AND ORS.
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SUPREME COURT REPORTS
[2022] 6 S.C.R.
•
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.
•
CWC vide letter dated 10.08.2021 requested State Govts to
submit views on Minutes of 31st 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.
•
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
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
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.
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
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
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recommendations made in the final Model Study Report by CWPRS,
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
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
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.
Bibhuti Bhushan Bose
Directions issued.
NAGAR PANCHAYAT MOONAK AND ORS. v. STATE OF
PUNJAB AND ORS.