MADAN MOHAN Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) THIS petition was referred by my learned brother by his order dated December 9, 1969, in view of certain observations in Dalip Singh v. Supdt. Canal Officer, rohtak, AIR 1968 Punj and Har 526.

(2.) THE petitioners are residents of village Jandwala, tehsil Sirsa, district Hissar. They are shareholders in outlet R. D. 16000-L, Barukhera minor. This minor was extended to R. D. 19000. This extension adversely affected the rights of irrigation of the petitioners. This led to an application praying that a pacca nakka at R. D. 16000-L may be provided to them. An undertaking was given to pay all expenses which had to be incurred for the construction of nakka. The Ziledar recommended the case of the petitioner. The sub-Divisional Officer agreed with the report of the ziledar. He accordingly prepared a scheme for the same under Section 30-A of northern India Canal and Drainage Act, 1873, hereinafter referred to as the Act. When the matter came before the Divisional Canal Officer he did not agree with the draft scheme and rejected it vide his order dated 28th November, 1967, (Annexure A ). Feeling aggrieved from the order of the Divisional Canal Officer, the petitioners filed a revision petition. , presumably under Section 30-B of the Act. This petition was rejected by the Superintending Canal Officer on 13th September, 1968 (Annexure C ). The petitioners being aggrieved moved this Court under articles 226 and 227 of the Constitution of India. The matter came up before my learned brother and as already observed in view of the decision in Dalip Singh bhagwan's case, AIR 1968 Punj and Har 526 (supra), the matter was directed to be placed before a larger Bench.

(3.) AS observed by my learned brother the point that requires determination is very short. It is, whether under Section 30-B (2) of the Act, a Divisional Canal Officer has the power to reject the scheme in toto. Before we answer this question it will be proper to set out the provisions of Sections 30-A and 30-B of the Act, which are reproduced below:-"