BHEEMREDDY GULBARGA DISTRICT Vs. SECRETARY IRRIGATION DEPARTMENT BANGALORE

JUDGEMENT

(1.) THE appellants submit that their lands bearing Sy.no.153 measuring 16 acres 17 guntas adjoining area of Hoyal Hobli, UKP Project is affected by seepage of water because of the bad maintenance of canal and that the lands have become uncultivable. THE appellants have sought for compensation by filing writ petition. THE learned Single Judge has found that the damage caused to the lands for the reasons stated can be remedied only through civil court and not by invoking the powers under Articles 226 and 227 of the Constitution of India. Aggrieved by the said order the appellants are in appeal.

(2.) IN the process of exercise of powers under the Irrigation Act, if any substantial damage is caused to the land, remedy under Chapter 5 of Secs.33 to 38 of the Irrigation Act would apply to seek necessary compensation from the Deputy Commissioner.