MADAN LAL Vs. CHIEF ENGINEER CANALS

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India for issuance of a writ in the nature of a certiorari for quashing the order, Annexure P. 2 passed on 3.1.1974 by the Chief Engineer, Canals, Irrigation Works, Punjab, Chandigarh.

(2.) The said order has firstly been challenged on the ground of competency of the Chief Engineer to pass such order and secondly on the ground of mala fide, it having allegedly been passed in favour of Lal Chand, respondent No. 5, at the instance of Shri Bal Ram, the then Deputy Minister Irrigation, Punjab, Chandigarh, and now the Speaker of Lok Sabha, New Delhi.

(3.) The broad averments in the petition are that the petitioners are owners and shareholders in a sizeable piece of land in village Sher Garh, Tehsil Fazilka, District Ferozepore. The said land has been provided irrigation facilities. Shri Lal Chand, respondent No. 5 is an owner and share-holder of land in village Waryam Khera which too receives canal irrigation. The main source of irrigation to the entire area surrounding is by a canal known as Ramsara Minor which emanates from a bigger canal known as Maluk Pur Distributory, as revealed in plan Annexure P. 1 appended with the petition. Ramsara Minor at point 'A' enters the revenue estate of Jhurar Khera, travels further in the revenue estate of Waryam Khera and then ends at a tail in or about the revenue estate of Sher Garh (the village of the petitioners) bifurcating in two watercourses. A number of watercourses emanate from the Ramsara Minor on both its banks. On its left bank, there are watercourses marked as R.D. 78782-L, R.D. 72752-L.R.D. 75870-L and R.D. 76530, which are meant for the areas of village Jhurar Khera and Waryam Khera. The last watercourse on the left side is the tail watercourse R.D. 88725-L meant for village Sher Garh. Similarly, on the right bank, there are watercourses R.D. 76460-R, R.D. 84946-R for villages Jhurar Khera and Waryam Khera. Lastly, tail watercourse R.D. 88775/R is meant for Sher Garh.