SATBIR Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for setting aside the order dated 11.12.2013 (Annexure P-5) passed by respondent No.2-Divisional Canal Officer, Hisar whereby he approved the transfer of 256.42/246.17 acres area from outlet RD No.17200-L to newly fixed outlet No.19200-L, Singhwa Distributary and the order dated 18.06.2014 (Annexure P-13) passed by respondent No.1-Superintending Canal Officer whereby appeal preferred by the petitioners has been dismissed.

(2.) Brief facts of the case are to the effect that an application was moved by the shareholders-Satbir and others for sanction of new outlet at RD 14300-L Singhwa Distributary by transfer of 144.25/81.22 acres area from outlet No.RD-17200-L Singhwa Distributary and further transfer of 56.95 acres area UCA to CCA, 8.78/2.93 acres area from outlet No.RD-11500-L Singhwa Distributary and transfer of 5.85 acres area from UCA to CCA, 45.59 acres area from outlet at RD No.12000-R Singhwa Distributary and further conversion of 44.45 acres area from UCA to CCA 24.81/22.59 acres area from outlet No.RD17000-R Singhwa Distributary and 18.00/x acres from outlet No.RD 6500-L Kharkari Distributary and further its conversion from UCA to CCA in villages Khanpur and Sindhar, Tehsil Hansi, District Hisar. The case was got investigated through Ziledar Rajli and Sub Divisional Canal Officer, Barwala who after investigation and site inspection recommended the case for new outlet at RD 14300-L Singhwa Distributary and transfer of area from outlets No.RD-17200-L, 11600-L, 12000-L, 17000-R Singhwa Distributary and 6500-L Kharkari Distributary to the new outlet and submitted the scheme under Section 17 of the Haryana Canal and Drainage Act, 29 of 1974 (for short, '1974 Act'). On receipt of the case, scheme was published under the provisions of the 1974 Act for inviting objections/suggestions, if any to the proposal. The notices were properly served upon all the concerned through Circle Canal Patwari. Respondent No.2-Divisional Canal Officer after hearing the parties approved the demand of the applicants for sanction of new outlet at RD 14300-L Singhwa Distributary for an area of 241.43/170.98 acres. Thereafter, Sushil Kumar and others filed application for transfer of 256.42/246.47 acres of area from outlet No.RD17200-L Singhwa Distributary, 14.83/14.30 acres of area from outlet No.RD 20500/R Singhwa Distributary and transfer of 53.30/53.30 acres of area from outlet No.RD-21000-L Singhwa Distributary and fixing a new outlet at RD 19200-L Singhwa Distributary of village Sindhar, Datta and Musudpur, Tehsil Hansi, District Hisar. The case was got investigated through Ziledar Rajli and Sub Divisional Canal Officer, Barwala who after investigation and site inspection recommended the case for transfer of 256.42/246.47 acres of area from outlet at RD No.20500-R Singhwa Distributary and transfer of 53.50/53.0 acre from outlet RD-21000-L Singhwa Distributary and fixed a new outlet at RD-19200-L Singhwa Distributary and submitted the scheme under Section 17 of the 1974 Act. On receipt of the case, scheme was published for inviting objections/suggestions, if any, to the proposal. The notices were properly served upon all the concerned through Canal Patwari Halqa. Respondent No.2-Divisional Canal Officer after hearing the parties approved the demand of applicants for fixing new outlet at RD-19200-L Singhwa Distributary, vide impugned order dated 11.12.2013 (Annexure P-5). Thereafter, two separate revisions were preferred before respondent No.1-Superintending Canal Officer, Bhakra Water Services against the orders dated 29.08.2013 and 11.12.2013 (Annexure P-5) passed by respondent No.2-Divisional Canal Officer and the same were remanded to respondent No.2-Divisional Canal Officer with a direction to rectify the decision, if needed after considering correct area and existence of lined watercourse, vide impugned order dated 12.02.2014 (Annexure P-8). In pursuance of order dated 12.02.2014 conveyed to the Divisional Canal Officer vide Endst. dated 20.02.2014, instead of deciding the matter on merits, the Divisional Canal Officer submitted the report to respondent No.1-Superintending Canal Officer vide letter dated 28.04.2014 (Annexure P-9) which reads as under:

(3.) Feeling aggrieved against the letter dated 28.04.2014 (Annexure P-9), petitioners and others approached respondent No.1- Superintending Canal Officer who proceeded with earlier appeals i.e. Appeal Case No.36/13 and Appeal Case No.3/14 and upheld the orders dated 29.08.2013 and 11.12.2013 (Annexure P-5) by recording the following findings: