Punjab-Haryana High Court
Banwari Lal And Ors. vs The State Of Haryana And Ors. on 28 September, 2001
Author: J.S. Narang
Bench: J.S. Narang
JUDGMENT J.S. Narang, J.
1. The grievance of the petitioners is that their land is situated on a higher level whereas syphon of outlet RD 44500 has been provided at lower level, as such, their land cannot be irrigated. Resultantly, an application has been filed before the authorities for shifting of aforesaid outlet to the outlet defined as RD 42990 R. This application was allowed vide order dated 7.9.1979 by the Divisional Canal Officer. The private respondent aggrieved by this order filed an appeal and the same was allowed vide order dated 17.11.1979 and the application was remanded back to be decided afresh. The previous order was reiterated by the Divisional Canal Officer vide order dated 18.3.1980. Again appeal was filed by private respondents, which was accepted on 2.7.1980. Only on the ground that some instructions have been issued by the Chief Canal Officer, Haryana, to the effect that no new syphon of outlet may be granted at any point. Petitioners aggrieved by that order challenged the same before the Chief Canal Officer and that said appeal was also dismissed by him vide order dated 8.10.1980. The petitioners aggrieved by the above said orders have filed present petition.
2. The grievance of the petitioners is that authorities below have not applied their mind independently and it has not been kept in mind that land of the petitioners cannot be irrigated from the existing syphon and appeal has been dismissed only on the ground that some instructions have been issued by the Chief Canal Officer for not providing any new syphon of outlet at any point.
3. The private respondents have also filed written statement and contested the claim of the petitioners on the ground that watercourse has been duly aligned by H.S.M.I.T.C., and that they are being provided water for irrigation from the syphon, which is functioning presently.
4. Learned counsel for the petitioners contends that if syphon of outlet is provided at RD No. 42990 R, petitioners shall bear all the expenses and shall also see it to that watercourse which is existing for the purpose of irrigation in favour of private respondents is connected accordingly.
5. In this view of the matter, 1 do not find that respondents can have any possible objection if the syphon of outlet is shifted from RD 44500 to 42990 R. Petition is allowed accordingly and the impugned orders dated July 2, 1980 passed by the Superintending Canal Officer, copy Annexure P-4 and order dated October 8, 1980 passed by the Chief Canal Officer, Haryana, copy Annexure P-5 are quashed. Therefore, respondents are directed to decide the case of the petitioners in accordance with the above observations. Application of the petitioners be decided within three months after affording opportunity of being heard to the private respondents.
6. Parties are directed to appear before Divisional Canal Officer on 5.11.2001.