HAZARA SINGH Vs. CHIEF ENGINEER

JUDGEMENT

(1.) Hazara Singh and 24 others landowners of village Kesarpur in their writ petition under Articles 226 and 227 of the Constitution of India against (1) Chief Engineer, Irrigation and Drainage Department, Punjab; (2) Superintending Engineer, Drainage; (3) Executive Engineer; and (4) Sub-Divisional Officer, Drainage; and also others who are residents of villages Badial and Kesarpur have questioned alignment settled by respondent Nos. 1 to 4 for digging a drain with the object of meeting ravages of flood and water-logging. Their main grievance is that no scheme for digging the drain through their fields had either been drawn up or published as required by provisions of section 57 read with section 30-A to 30-G of the Northern India Canal and Drainage Act 1873, and that no steps had been taken to acquire the land under the provisions of Land Acquisition Act or of the Northern India Canal and Drainage Act. The Sub-Divisional Officer, respondent No. 4 in his affidavit has explained that the land required for digging the drain had been acquired under the provisions of the Land Acquisition Act.

(2.) The present writ petition is covered by a Bench decision of this Court in Bhagat Singh and others v. State of Punjab and others (Civil Writ No. 1461 of 1963, decided on 25th May, 1964), which was approved by a Full Bench of this Court in Harbans Singh and others v. State of Punjab and others, 1965 67 PunLR 707

(3.) The learned counsel for the petitioners urges that the Full Bench decision did not lay the correct law and needs reconsideration. I do not agree with him and I am bound by the rule laid down in the above two decisions. The writ petition fails and is dismissed but the parties are left to bear their own costs