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Long-standing water dispute between Kosphu villagers and hotel owner reaches Supreme Court

March 11, 2024
in Crime/Legal, Other Stories
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For decades, the people of Kosphu in Trashigang’s Lumang Gewog suffered from drinking water crises. It wasn’t until 2018 that a new water supply reached the village. Despite this new source, water shortage problems persist, threatening community vitality. A long-standing water dispute between Kosphu villagers and a hotel owner has now reached the Supreme Court.

Drinking water for Kosphu is sourced from Kharungla, which is located 32 kilometres away from the village.

Despite the existence of a water supply line, frequent damage to the pipeline along the way, as well as the drying up of the water source, coupled with the village’s sloping terrain, hinder the distribution of water to the village’s 32 households.

The villagers have denied water to the hotel owner out of fear that the water shortage issue might worsen.

“The water flow from the source itself is limited. The water level in the tank is so low that we can even see the bottom. If we distribute it to the lower part of the village, three households might be affected. The water pressure will be higher in the lower part, resulting in those living in the upper part being affected,” said Tempa Dorji, water caretaker.

“In the past, we used to collect water from ponds. It has been five years since we had any water issues, but now we have one,” said Ugyen Zangmo, a resident.

After the villagers denied water, the hotel owner filed a case in the Wamrong Dungkhag Court, where the owner was granted permission to use water for three hours daily.

The villagers appealed to the Trashigang District Court and subsequently to the High Court, but the judgement remained unchanged.

However, the High Court ordered the owner to pay an additional Nu 10,000 on top of the Nu 30,000 he had paid as labour costs.

“The hotel owner has other alternatives to obtain water, a fact even the tshogpa is aware of. However, we are not privy to these alternatives. Even if the government allocates a budget, where will we source water from? If we supply water to the lower areas, we will regress to the days of hardship. Some other villagers have expressed a desire for water if it is provided to the hotel owner,” said Norbu Gyeltshen, a resident.

“For hotel purposes, I do not face water issues. I have reiterated this stance to all three courts. However, even with two water sources from Kharphu and Phoogaye for the hotel, the water does not reach the attic area. That is why I appealed for water supply,” said Jigme Wangchuk, a hotel owner at Moshi.

“The hotel owner is utilizing water from two sources, yet he is still encountering water problems for his attic. From our side, we cannot say whether to supply water to him or not,” said Wangchuk, the Moshi Tshogpa.

According to the hotel owner, villagers initially agreed to give him water in 2022. But villagers say they were threatened and compelled to sign agreement documents.

Dissatisfied with the High Court’s decision, the villagers appealed to the Supreme Court, today.

Sonam Darjay, Trashigang

Edited by Sherub Dorji 

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