KACHCHH JAL SANKAT NIVARAN SAMITI & ORS. versus STATE OF GUJARAT & ANR.

KACHCHH JAL SANKAT NIVARAN SAMITI & ORS. versus STATE OF GUJARAT & ANR.

Judicial review of a State policy concerning the allocation of water is extremely limited. The proper distribution of water resources involves technical, social, and economic considerations for which the court lacks expertise and judicially manageable standards. The appellants failed to show the policy was arbitrary, unconstitutional, or infringed constitutional provisions; thus, such matters are best left to the State and its experts, and the Court will not interfere.

Parties
Appellants: Kachchh Jal Sankat Nivaran Samiti & Ors.; Respondents: State of Gujarat & Anr.
Jurisdiction
India
Judgment Date
15 July 2013
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Policy Decision, Allocation of Water Resources, Directive Principles of State Policy, Distribution of Material Resources
Constitutional Law Administrative Law Judicial Review Policy Decision Allocation of Water Resources Directive Principles of State Policy Distribution of Material Resources

Case Brief

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Parties

Kachchh Jal Sankat Nivaran Samiti & Ors.

Appellants

State of Gujarat & Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the policy allocation of water by the State Government was arbitrary or in disregard to Articles 38(2) and 39(b) of the Constitution of India.
  2. 2 Whether judicial standards exist for reviewing State policy on distribution of water within a State.

Ratio Decidendi

Judicial review of a State policy concerning the allocation of water is extremely limited. The proper distribution of water resources involves technical, social, and economic considerations for which the court lacks expertise and judicially manageable standards. The appellants failed to show the policy was arbitrary, unconstitutional, or infringed constitutional provisions; thus, such matters are best left to the State and its experts, and the Court will not interfere.

Court Disposition

Appeal dismissed

Orders

  • No merit found in the appeal; dismissed without any order as to costs.