KITAB SINGH Vs. CHIEF CANAL OFFICER

JUDGEMENT

(1.) THE present writ petition has been directed against the orders of the Authorities under the Haryana Canal and Drainage Act, 1974 (hereinafter referred to as the 'act'), whereby, 13. 81 acres of area of respondents No. 5 and 6 has been excluded from the Out Let R. D. No. 17800/t. L. of Daulatpur Minor, Adampur Bhakra Canal Division, Hisar, and transferred to Out Let R. D. No. 20145/t. L. of Sahu Minor, District Hisar.

(2.) THE petitioners are irrigating their land from water course from Out Let R. D. No. 20145/t. L. of Sahu Minor in Tohana Division, whereas part of holding land of respondents No. 5 and 6 is being irrigated from Out Let R. D. 17800/t. L. of Daulatpur Minor and part of their land is being irrigated from Out Let R. D. No. 20145/t. L. of Sahu Minor. Respondents No. 5 and 6 made an application to the Divisional Canal officer of their respective divisions, for the transfer of 13. 81 acres of land which was being irrigated from Out Let R. D. No. 17800/t. L. of Daulatpur Minor to Out Let R. D. No. 20145/t. L. of Sahu Minor on the plea that their area under reference was not receiving proper irrigation from the existing source. On receipt of the application, the matter was got investigated through Sub Divisional Officer, Saniana Zilladar Mandhri and Zilladar Gorakhpur who after investigation and inspection of site, recommended the transfer of area of respondents No. 5 and 6 from existing source to Out Let No. R. D. 20145/t. L. of Sahu Minor. A Scheme was pre-pared under Section 17 of the Act. The said Scheme was published as per provisions of the Act by both the Divisions after inviting objections and suggestions, if any, to the Scheme. Notices were duly served upon all the concerned share-holders of both the Out Lets through Patwaris Halqa and the case was fixed for hearing before the Divisional Canal Officers, Adampur Bhakra Canal Division as well as Tohana division. The case was finally heard by both the Divisional Canal Officers on 9th of March, 1990, and on examining the record and hearing the concerned share holders of Out Let R. D. No. 17800/ T. L. of Daulatpur Minor as well as of Out Let R. D. No. 20145/t. L. of Sahu Minor, both the Divisional Canal Officers vide order dated 22-3-1990, approved the Scheme in the interest of better irrigation and on the bases of consideration of holdings. They also decided that any expenditure incurred for the adjustment of the Out Let shall have to be borne by respondents No. 5 and 6. The petitioners being aggrieved of the order of the Divisional Canal Officers, filed an appeal before the Superintending Canal Officer, Hisar Bhakra Canal Circle, Hisar.

(3.) THE main grievance of the petitioners in the aforesaid appeal was that the two Divisional Canal Officers acted beyond their jurisdiction as they were not empowered under the Act to decide the matter jointly. The superintending Canal Officer before whom the appeal was filed by the petitioners, dismissed the same vide order dated 20-6-1990 as he was of the view that where two running Canal Divisions are involved and their area is to be transferred from one area to another, joint hearing and decision is a must.