SATBIR SINGH Vs. HARYANA STATE AND OTHERS

JUDGEMENT

(1.) Plaintiff had filed a suit for declaration that order dated 22.7.2004 passed by defendant No.3 approving alteration of outlets vide which existing Chirod Minor has been extended upto RD 18250 from RD 5940 tail on Deosar Feeder at RD 46500 and further creating outlets on the new Chirod Minor for running warabandi is illegal, null and void.

(2.) Vide judgment and decree dated 19.2.2008 ,the suit filed by the plaintiff was decreed by the trial Court. The appeal filed by the defendants was partly allowed by the District Judge, Hisar vide judgment and decree dated 29.9.2009. It was held that the extension of Minor from RD 5940 to RD18250 would not be a water course but would be a minor which did not require any publication of Scheme under Sections 17 and 18 of the Haryana Canal and Drainage Ac, 1974 (for short 'the Act). However, the distribution of water from that minor to different fields would be covered by different water course. The judgment and decree of the trial Court to the extent of extending the minor from RD 5940 to 18250 was set aside. The defendants were directed to prepare scheme for the water course from exit point of extended minor or in the middle of the minor as the Exigency so desired. Hence, the present appeal by the plaintiff.

(3.) The case of the plaintiff in brief was that presently Chirod Minor was functioning upto RD No.5940 of Deosar Feeder at RD- 46500. The land of the plaintiff situated in village Chirod was being irrigated from RD No.5940. In the year 1997, plaintiff along with some other residents had sought construction of a new minor on Deosar Feeder. However, no responsible Officer of the defendants visited the site nor any draft scheme was prepared. No objections were invited from the share holders. Provisions of Section 17 and18 of the Act were not complied with while approving the construction of New Chirod Minor.