V Ramesh Chandra Varma v. The Union Of India

Order

(per Hon’ble Sri Justice Challa Gunaranjan) Present Writ Petition in public interest is filed under Article 226 of Constitution of India seeking following prayer: “a) to declare the action of the Respondents No 1 to 3 in not protecting the Diaphragm wall of Polavaram Multi-Purpose Irrigation Project by completion of Upper Stream Dam Coffer Dam and not taking steps for filling of Scours/repair or 2 HCJ & CGR, J W.P.(PIL) No.26 of 2024 construction of Diaphragm Wall by proper technical evaluation of experts, b) to declare the action of the 4th Respondent in not initiating investigation steps/enquiry/investigation permissions issued by the authorities for construction of Diaphgram Wall without completion of Upper Stream Coffer Dam as illegal, irregular, arbitrary, violation of the provisions of the Andhra Pradesh State Reorganisation Act, 2014, Dam Safety Act 2021 and also offends Art.14, 21 of Indian Constitution, consequently direct the Respondents 1 to 3 to take over the Construction of Polavaram Project from the 5th respondent - State of Andhra Pradesh and complete the same within timeline as expeditiously as possible by monitoring the experts team by duly appointing by the Hon’ble Court and pass.”

Heard Sri Mangena Sree Rama Rao, learned counsel appearing for petitioner and Smt.S.Pranathi, learned standing counsel and Sri Jupudi Yagnadutt, learned counsel, appearing for respondents.

#3. Learned counsel for petitioner submits that part of the prayer in regard to taking remedial measures for filling of scours/repairs and construction of diaphragm wall, since completed, the same rendered infructuous. However, insofar as the second part of prayer dealing with initiation of enquiry or investigation into the lapses resulting in damage caused to diaphragm wall and further direction to respondents 1 to 3 to 3 HCJ & CGR, J W.P.(PIL) No.26 of 2024 take over the construction of balance part of Polavaram project from 5th respondent - State Government survives.

#4. (a) Learned counsel for petitioner submits that about ₹800 crores have been spent for construction of diaphragm wall and on account of construction of new diaphragm wall, further amounts are now being spent, therefore, the cause and reason for occurrence of deep source in Gap - I and Gap - II of already existing diaphragm wall needs to be enquired into and those who are responsible for the same, be taken for task. (b) According to petitioner, the agencies executing the project and those who have granted permission for construction of diaphragm wall and main dam without completion of cofferdam are at fault and negligence is attributable to them, because of which, the entire safety of dam is in peril at the cost of public money. Therefore, petitioner sought for intervention of dam safety authority to probe into the said lapses, besides the project being taken over by respondents 1 to 3, for expeditious completion.

#5. (a) Learned counsel for 5th respondent and as well as the other respondents, on the other hand, submit that after filing of the present writ petition there has been much progress in the project. The first phase of the same is scheduled to be completed latest by June of 2027. The State 4 HCJ & CGR, J W.P.(PIL) No.26 of 2024 Government is making every endeavour to complete the first phase of project within aforesaid set deadline. (b) Further, it is submitted that since Polavaram irrigation project being a major dam project and declared as a national project in terms of Section 90 of AP Reorganisation Act, 2010, the Ministry of Water Resources, Government of India, constituted Polavaram Project Authority, a governing body, to carry out the provisions of said Act. Polavaram Project Authority comprises officers from both Government of India as well as the State Government. (c) Further, Ministry of Water Resources, Government of India, also constituted special body, namely Dam Designs Review Panel (DDRP), to oversee the design and technical aspects of the project. The said agency provides technical and strategic guidance for design and implementation, further suggests technically appropriate chronological sequence for various activities in execution of the project. It also inspects the execution and implementation of different components of project and related works periodically and suggests measures for timely completion. The cofferdams are temporary and independent structures constructed across the river for diversion of river water to pass through spillway and provide hindrance-free working space for construction of Earth Cum Rock Filled Dam (ECRF Dam) over main river course. 5 HCJ & CGR, J W.P.(PIL) No.26 of 2024 (d) DDPR has suggested construction of upstream and downstream cofferdams, which were partially completed before the onset of monsoon season in 2019. As Rehabilitation & Resettlement (R&R) work of project displaced families could not be fast-tracked on account of various reasons such as acquisition of land, construction of resettlement units etc., the cofferdam could not be completed. Due to the floods in 2019, water barged upstream cofferdam through leftover gaps on left and right side into the river, forming scours. (e) Later, the balance work of upstream cofferdam was completed in July 2021. There was no damage to the spillway, however, in order to fix the damage caused to diaphragm wall, the matter was discussed in various meetings of DDRP, which involved Polavaram Project Authority, Water Resources Department, Central Soil and Materials Research Station (CSMRS), Water and Power Consultancy Services (WAPCOS), Indian Institute of Technology and others. As per the consensus arrived at during various meetings and considering the expert opinions, the entire diaphragm wall area and the scours identified near Gap - I and Gap - II of ECRF Dam were investigated for undertaking strengthening and remedial measures. (f) Based on the reports and considering all test results, the scour areas were filled by adopting methodology suggested by the experts. The same was completed by June, 2023. The works were executed in 6 HCJ & CGR, J W.P.(PIL) No.26 of 2024 coordination with various agencies, in particular, the subject works were executed by M/s.Keller and M/s.Bauer, which are internationally reputed agencies. (g) It is further submitted that to go forward, the matter was referred to Panel of Experts (POE) which consisted internationally renowned experts from various countries, who, after multiple visits to the project site and studies, ultimately suggested construction of new diaphragm wall. (h) In the additional affidavit filed by 5th respondent, the scope of major components of project is explained. Mainly Headworks, which constitute the core project, has different components such as Headworks, GAP - I, GAP - II and GAP – III, are substantially completed. The details of stages of work are explained therein. Apart from that, the progress of work of other two components i.e., right main canal and left main canal are also indicated, which suggests that they are substantially complete. Phase 1 of the project with height of (+) 41.15 metres FRL is scheduled to be completed by March of 2027, accordingly, the land acquisition and R&R are implemented on fast track. The second phase of the project, i.e., (+) 41.72 metres FRL, would be achieved eventually, subject to completion of headworks and R&R in that regard by end of 2027. It is therefore submitted that the project has already achieved substantial completion and there is no reason now to hand over the same to 7 HCJ & CGR, J W.P.(PIL) No.26 of 2024 respondents 1 and 3. (i) Learned counsels for respondents, in sum and substance, submit that there are no lapses on the part of the executing agency or the implementing agency insofar as the planning and construction of the project sequential wise as the same is done in accordance with the recommendations of DDRP.

#6. We have gone through the material on record and considered the submissions.

#7. The pleadings and material available before us indicate that the project has already achieved substantial progress. Headworks, which consist of spillway, Gap - I, Gap - II and Gap – III, are at the verge of completion. In fact, spillway of length 1118 metres to accommodate peak maximum flood discharge of 50,00,000 cusecs of water, including erection of 48 numbers of radial gates of 16x20 meters, is completed. ECRF Dam is being constructed in two parts i.e., Gap - I and Gap - II. Gap - I, which is of length 543 metres, has been completed up to the level of ground improvement works and D-wall works and the formation of embarkment is in progress and scheduled to be completed soon. Under Gap - II, the proposed new diaphragm wall is under progress and scheduled to be completed by March, 2026. At this stage, it is informed that even the same has been completed. The embarkment works of 8 HCJ & CGR, J W.P.(PIL) No.26 of 2024 GAP – II are also under execution and soon to be completed, latest by March, 2027. Further, Gap - III comprising of concrete dam of 162 metres, is complete in all respects.

#8. Insofar as right main canal and left main canal, which run for

178.81 kilometres and 212.32 kilometres, the same are almost at the verge of completion. The status report indicates they are complete almost to an extent of 90% as on the date of filing of the said affidavit. Further, the status of land acquisition and R&R for phase - 1 and phase - 2 are provided and the expected scheduled dates of completion are set as March, 2027 and December, 2027 respectively. The status of project has been explained by way of Additional Affidavit filed as on 27.10.2025. Today we are informed that the works have further progressed and the first phase of project is scheduled to be completed in all respects by June,

#9. We also notice that, having regard to importance of the project and that the same is being funded by Government of India, various agencies, both Central and State Governments as well as international experts on the subject have been roped in to oversee the designs, execution, implementation, quality control and safety of the project. As noted above, the project is being monitored by different agencies in coordination with Polavaram Project Authority. 9 HCJ & CGR, J W.P.(PIL) No.26 of 2024

#10. We are sure that the designs, execution and monitoring of the projects are undertaken as per the protocols in place. Therefore, as multiple agencies are already roped in and involved in execution and implementation of the project, which also concerns the safety as well, we do not see any reason to direct any further investigation into the matter. None of the reports placed before us even remotely suggest any serious lapses on the part of the executing agencies. Therefore, given the facts and circumstances of the case, we are of the view that no further orders are required to be passed, hence, close this writ petition.

#11. Accordingly, this writ petition in the nature of public interest is closed. No costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J SS