SHIV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners owned land in village Bela Ramgarh, Tehsil Anandpur Sahib, district Ropar. River Sutlej passes through the revenue estate of this village. The land-owners of this village are using the water of the river for irrigation purposes by making their own arrangements for the lifting of the water from th river. THe irrigation authorities of the State have issued Dhalbach for collecting water rate from the land-owners of the village including the petitioners. The petitioners have allowed the assessment of water rate by way of issuance of Dhalbach, in the present writ petition.

(2.) The learned counsel for the petitioners has argued that no notification under section 5 of the Northern India Canal and Drainage Act, 1873 (hereinafter called the Act) has been issued with the result that the assessment of water rate is liable to be quashed. The contention is without merit. In the written statement filed by the Executive Engineer, Ropar Division, Sirhind Canal, Ropar, it has been averred that the notification under section 5 of the Act was issued on 10th May, 1880. A copy of such notification has also been placed on the file.

(3.) The learned counsel for the petitioners has contended that no local publication of the notification under section 5 was made in terms of section 7 of the Act with the result that no action can be taken on the notification already issued in 1880. This contentions is also without merit. The Executive Engineer in his written statement has averred that the notification is an old one and necessary proceedings must have been complied within the time limit prescribed as per rules under the Act. In view of the fact that the notification under section 5 of the Act was issued in 1880, there is no justification to assume after 100 years that the local publication thereof in terms of section 7 of the Act was not made within time.