BARJINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is a shareholder of O/L 13243/R Bhunder Minor. He purchased 135 Kanals land from one Gurjit Singh and has been using watercourse passing through the land bearing Khasra Nos.57//16/2, 25 belonging to Lakhwinder Singh since 1978, which has been demolished by him. The petitioner moved an application for restoration of the demolished watercourse. The restoration of the watercourse was recommended by the Ziledar, but her application was dismissed by the Divisional Canal Officer vide his order dated 23.01.2013 and her appeal was dismissed by the Superintendent Canal Officer, Sirhind Canal, Ludhiana, on 11.07.2013.

(2.) Counsel for the petitioner has submitted that the Divisional Canal Officer has erred in ignoring the report of Ziledar and the existence of watercourse at point DE and admitted the existence of watercourse BC, but did not inspect the site personally. It is submitted that once the watercourse was being used for irrigation and demolished, it requires to be restored.

(3.) I have learned counsel for the petitioner and examined the record.