Laishram Naba Singh And Others vs Union Of India And Others

R.S., CJ

[1] The prayer in the PIL is as follows:-

"i. To direct the concerned respondents to declare the State Government is facing drought in the current season of 2019 or to declare drought in the state of Manipur and to take appropriate measure to bring relief to the farmers/cultivators and general public by using all Government policies and mechanisms prescribed under the relevant laws in this regard.

[2] The petitioner, who is a social worker, based on newspaper publication, pleaded that less than minimum rainfall is witnessed in the State of Manipur and there is an impending drought. This will seriously affect the farmers in the various districts and as a result, there will be a great distress in the farming community which will have a rippling effect on the other strata of the society. Besides, the drought condition will create scarcity of water which is needed essentially for all other daily human activity and consumption including dairy, poultry, horticulture and floriculture, etc. in the State of Manipur. Besides, the drought condition will have a chain reaction thereby the economic condition will run down. Since the trade and commerce is not the mainstay of the State of Manipur and the livelihood of the people is on agricultural, horticulture poultry, etc., shortage of rainfall will cause a serious dent in the economy and day to day lives of the people. Rice cultivation is a seasonal and it is the staple diet of the people of Manipur. This should not be affected. Therefore, there is a urgent need to declare the State as drought prone area and appropriate remedial action should be taken. The Central Government and the State Government should provide funds for the drought relief.

[3] Right to life under the Constitution is being affected by the natural calamity. In para No.13 of the petition, the petitioner highlights the condition of the water flowing rivers in the Manipur as under:- '

"13. That, it is to state that the water level flowing in the rivers of Manipur is being supplied because of the natural rainfall and water sources from the hill ranges particularly in the monsoon season and sometimes heavy rainfall causes flood too but this time even in the monsoon season no water flow in the rivers of Manipur namely Iril River, Imphal River, Nambul River, Kongba River, Khuga River, Thoubal, Barak, Sekmai, Chakpi rivers etc. Out of these rivers there are others rivers too namely Nambol, Thangjao Lok, Nachou, Potsangbam, Ningthoukhong and Khuga. These rivers falls directly to the Loktak Lake along with the Nambol River. On the other hand there are several lakes in Manipur and one of the main lake is the Loktak Lake which is a significantly popular lake and the biggest fresh water lake in North East India. In addition to that there are other lakes in Imphal valley such as Ekok, Kharung, Khoidum, Lousi, Waithoi, Yarel, Pumlen and Laishoi etc. known to the petitioners. In such a way as of today it is reported that because of shortage of monsoon rains all the water level in the said lakes and rivers are abnormally low and depleting at a alarming rate."

[4] One important action that the State Government can take is exploring the possibility of construction of Check Dams at appropriate places so as to conserve water for use for farming and other purposes.

Appropriate water management system should be adopted by the State Government to safeguard the rain water and water flowing through the various rivers in Manipur. The Government to consider this option seriously.

[5] Be that as it may, Mr.Lenin, learned Addl.AG states that he has instruction to state that the State Government is already aware of the precarious situation and has moved the Central Government fo appropriate relief by declaring the State as a drought hit State and the Central Government will be pursued to declare the State as a drought affected state and the consequential relief/rehabilitation action will be taken. The statement of the learned Addl.AG on behalf of the State Government is recorded.

[6] Shri W.Darakishwor Singh, learned Sr. Central Govt. Panel Counsel appears for the Union of India and states that the Department of Agriculture, Govt. of India will take appropriate steps to have proper inspection/survey of the places and based on inputs, assess the situation in relation to the drought and steps will be taken for providing relief and rehabilitation on the basis of informed decision.

[7] We record the statements of the learned counsel for the State Government and the Central Government and dispose of the PIL directing all the authorities to take immediate steps in this regard and take appropriate remedial measures.

[8] Accordingly, the PIL stands disposed of.