Punjab-Haryana High Court
Lilu Ram And Others vs State Of Haryana And Others on 9 January, 2009
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 321 OF 2009
DECIDED ON : 09.01.2009
Lilu Ram and others
...Petitioners
versus
State of Haryana and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. S. R. Hooda, Advocate,
for the petitioners.
SURYA KANT, J. (ORAL)
The petitioners, who are farmers and residents of village Lalheri, Tehsil Ganaur, District Sonepat, seek a direction for payment of compensation to them for destroying their wheat crops due to breach in the canal. As per the petitioners' case, their agricultural fields are located near the Rajpura Minor which was deliberately breached by the officers of the HSIDC on 30.11.2007 with the help of a JCB machine for disposal of liquid industrial waste from the Industrial Estate, Barhi. The petitioners' allegations are that both the banks of the Rajpura Canal were cut with the help of JCB machine and were not repaired by the HSIDC authorities, as a result of which water of the Minor over flew their fields, thereby destroying the standing crops in an area measuring about 240 kanals. In support of these allegations, the petitioners have placed reliance upon the survey conducted by the Revenue Authorities, duly reflected in the Girdawari (Annexure P - 4). They also rely upon the self - explanatory C.W.P NO. 321 OF 2009 -2- reference dated 03.12.2007 sent by the S.D.O, Ganaur, Water Services, Sub Division Sonepat to the Executive Engineer, Rai Water Services, Sonepat.
Having heard learned counsel for the petitioners for some time and taking into consideration the documents referred to above, however, without expressing any final view in relation to their claim, I am of the considered view that the respondent authorities are obligated to consider and dispose of the petitioners pending claim.
Consequently : 1(i) The Financial Commissioner, Irrigation Department, Haryana: 2 (i) The Engineer-in-Chief-cum- Chief Canal Officer, are directed to consider and dispose of the petitioners' claim for compensation for the damage caused to their wheat crops in the year 2007-08 within a period of three months, after the receipt of certified copy of this order.
Disposed of.
JANUARY 09, 2008 (SURYA KANT) shalini JUDGE