SURJIT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Present writ petition is directed against the order dated 15.07.2015 (Annexure P-12), whereby the Chief Canal Officer, Haryana-respondent No.2 upholding the orders passed by the Superintending Canal Officer and Divisional Canal Officer, ordering conversion of land measuring 19.69 acres from Unculturable Command Area (UCA) into Culturable Command Area (CCA) and that too for a period of only two years, with a view to provide irrigation facility to the private respondent.

(2.) Heard learned counsel for the parties at considerable length. Having gone through the record of the case including the impugned orders and giving thoughtful consideration to the rival contentions raised, this Court is of the considered opinion that the impugned orders passed by the respondent canal authorities are based on true facts of the case and have been passed strictly in accordance with law, because of which the same deserve to be upheld. Writ petition is without any merit, which is liable to be dismissed, for the following more than one reasons.

(3.) The additional area sought to be converted from UCA to CCA was only 19.64 acres, which was only about 3% of the abovesaid area. In this view of the matter, keeping in view the capacity of the water course, no re-modeling of the same would be required, as rightly held by Chief Canal Officer. Further, Chief Canal Officer, while passing the impugned order, directed the Divisional Canal Officer to increase the size of the outlet, to accommodate the water required for the additional area of 19.64 acres, so that irrigation facility being availed by the petitioner may not get adversely affected. Having said that, this Court feels no hesitation to conclude that petitioner has no case either on facts or in law.