PRABHU Vs. CHIEF CANAL OFFICER AND OTHERS

JUDGEMENT

(1.) Seeking quashing of order dated 14.10.1993 (Annexure P-3) of the Chief Canal Officer, Yamuna Canal, Haryana at Chandigarh, whereby accepting the appeal of respondent No.4 Lakhi Ram, watercourse ABC in rectangle No.36 was sanctioned (as the same was existing earlier even at site having already been given with mutual consent), the petitioner has approached this Court by way of this writ petition.

(2.) The petitioner and respondents No. 4 and 5 are agriculturists of village Bhagpur, which now is a part of District Jhajjar and earlier was part of tehsil Jhajjar of District Rohtak. The application was moved by respondents No.4 and 5 for sanctioning of watercourse ABC, which it infact had bifurcated the land holding of the petitioner. This watercourse had been restored at the site under Section 24(4) of the Haryana Canal and Drainage Act, 1974 initially only for one year and it was with consent of the petitioner. It continued to exist for long. Later on, this was dismantled by the petitioner but was restored to its original position by the Sub Divisional Canal Officer.

(3.) On an application moved by respondents No. 4 and 5 for sanctioning of this watercourse, draft scheme in terms of the Act was recommended. Some objections were raised by the petitioner. Site was inspected by the Divisional Canal Officer, who oversaw and noticed the flow of water even through an alternate watercourse XY as also from the existing watercourse ABC. After considering the objections of the petitioner and inspection made by him, vide order dated 22.05.1992, the Divisional Canal Officer gave directions to respondents No. 4 and 5 to the effect that they may take water through watercourse XY and if it was not successful then they could apply afresh for change of alignment.