KAMALJEET SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The appellant prays that order dated 23.02.2011, passed by the learned Single Judge, allowing the writ petition filed by respondents No.6 to 58, may be set aside.

(2.) Before we record the contentions of counsel for the parties, it would be appropriate to, briefly, recount the facts.

(3.) The appellant, Kamaljeet Singh, filed an application under Section 18 of the Haryana Canal and Drainage Act, 1974, for relocation of the watercourse in dispute on the ground that the watercourse bifurcates his land. The appellant prayed that the watercourse should be relocated to the boundary of his land. The Divisional Canal Officer, Hansi Water Services Division, Hansi, dismissed the application by holding that as the watercourse has been in existence for the last 30 years and majority of the shareholders are against alteration in the alignment of the watercourse and the mere fact that the watercourse is being lined, does not give rise to a cause for relocation of the watercourse. An appeal filed before the Superintending Canal Officer, Bhakra Water Services, Circle-I, Hisar, was dismissed. During pendency of proceedings before the Divisional Canal Officer, the watercourse was demolished, by the appellant and a new watercourse was excavated at the boundary of the appellant's land. FIR No.335 dated 22.12.2007 was, therefore, lodged against the appellant. An application for restoration of the original watercourse filed by the private respondents was allowed by the Sub Divisional Canal Officer on 06.06.2008. The original watercourse was restored after intervention of the Deputy Commissioner. The appellant, in the meanwhile, filed an appeal before the Chief Canal Officer, Haryana.