BAWA SINGH Vs. SUDAGAR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated June 27, 1968, rendered by the learned Additional District Judge, Barnala, whereby he allowed the appeal against the judgment rendered by the learned Sub Judge, Barnala, decreeing the claim of the Appellant for permanent injunction calling upon the Respondent to demolish the khal situate in the land comprised in Khasra Nos. 524 and 525 etc. mentioned in the plaint. The learned trial Court held that before sanctioning the khal the canal authorities had not complied with the procedure laid down in Sec. 28 of the Northern India Canal and Drainage Act. The learned lower appellate Court took the view that payment of compensation was a matter to be decided later on and it was open to the authorities to order the taking over of land for the construction of a watercourse .

(2.) In the second appeal, the learned Counsel for the Appellant has drawn my attention to the statement made by Raghbir Singh D.W.I, Ziledar of Canal Department, who has admitted that the khal in dispute was ordered to be constructed in proceedings under Sec. 68 of the said Act, relating to warabandi. The Respondent did not file any copy of the scheme framed by the canal authorities regarding the sanctioning of this khal. In Ram Singh and Anr. v/s. Shri Bishan Sarup Bansal Superintending Canal Officer and Ors., 1971 P.L.J. 593, it was laid down by a Division Bench of this Court that the construction of a watercourse could not be allowed in proceedings under Sec. 68 of the Act. Furthermore, provisions of the Land Acquisition Act have to apply to the land upon which a watercourse is to be constructed. These provisions contemplate that the authorities concerned can enter upon land only after due compensation is paid to the land -owner whose land is acquired for the purpose of construction of a khal. Admittedly, this was not done in this case.

(3.) For reasons afore -mentioned, this appeal is allowed and the injunction claimed by the Appellant granted against the Respondent. No costs.