The Madras High Court has directed the State government to proceed with the ₹709.60 crore project for extension, renovation and modernisation of Lower Bhavani Project (LBP) system from May 1 since it was reported that the release of water in the canal would be stopped after the present irrigation period ends on April 30.
Acting Chief Justice T. Raja and Justice D. Bharatha Chakravarthy said the objections to the project by some non-ayacutdars and others would not hold good in the light of an expert report submitted by a committee headed by A. Mohanakrishnan, former advisor to the State government on water resources.
“When such committee after due deliberation has opined that the Lower Bhavani Project main canal may be lined in order to reduce seepage and carry the water to the tail end faster, this court cannot sit in appeal over such opinion merely because it is to the disadvantage of some respondents,” the Bench wrote.
The judges recorded the submission of Advocate General R. Shunmugasundaram that the two groups of farmers had for now consented to renovate all existing age old cross masonry structures and sluices and therefore the works related to such renovation would be commenced from May 1 immediately after the irrigation season ends.
In the meantime, efforts would be taken to convince both the groups for constructing protection wall in the vulnerable embankment reaches to ensure required supply of water till the tail end and also the safety of the canal. Adopting such a process would help in avoiding law and order problems, the A-G told the court.
The Bench accepted it and allowed the writ petitions filed by two farmers’ associations seeking speedy completion of the works undertaken in 2020. The judges lamented that the cost would have escalated considerably because the project had remained stalled since 2021 due to objections raised by some non ayacutdars.
Petitioners’ counsel K. Sukumaran and M. Santhanaraman told the court that LBP was one the first major irrigation projects commissioned in independent India in 1955 for providing irrigation facilities to an extent of 2.07 lakh acres. The command area of LBP canal lays in Erode, Tirupur and Karur districts.
The main canal runs for about 220 km and has been in operation for more than 65 years. In order to improve the carrying capacity of the main canal as well as the branch canals and also to prevent breakage, the government constituted a seven member committee in 2009 to recommend suitable measures.
The committee, after a detailed study, submitted a report in 2010 for lining the main canal so that the water could be carried faster to the tail end. The government accepted the report and the process culminated in the issuance of the 2020 GO. However, it could not proceed further due to objections by non ayacutdars and local villagers.
Those who objected to the works feared that their riparian rights and drinking water source would be affected.
