Orissa HC rejects PILs on flood management after 10 years

The petitions were filed in 2011 for constitution of a committee of experts on flood and reservoir management to suggest the possible changes required for smooth flood management in Hirakud dam.
Orissa High Court
Orissa High Court

CUTTACK:  The Orissa High Court has declined to act on two PILs related to flood management in Hirakud dam filed 10 years ago citing limitation of its power to intervene in such matters.

The Hirakud measuring 4.8 km is the longest earthen dam in India. With its storage reservoir, the dam helps control floods in the Mahanadi delta.

The petitions were filed in 2011 for constitution of a committee of experts on flood and reservoir management to suggest the possible changes required for smooth flood management in Hirakud dam.

The petitions had also sought direction for ascertaining by the committee whether the flood in that year was due to poor management of water level of the reservoir or not. Suryanarayan Biswal and Umakanta Pattanayak had filed the petitions.

The petitions had gone into oblivion till they were taken up on Monday and disposed of on the same day. The division bench of Chief Justice S Muralidhar and Justice BP Routray said, “By the very nature of the relief sought, it is plain that it is far beyond the purview or the scope of the powers of judicial review of this Court to issue directions of the nature sought”.

“Further, almost 10 years have elapsed since the cause of action for the filing of the present writ petitions arose. There have been numerous changes which have to be accounted for. In the event, the petitioners are of the view that any fresh cause of action still survives, it will be open to them to avail other appropriate remedies as may be available to them in accordance with law”, the bench said in its March 1 order, a copy of which was available on Wednesday.
 

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