(1.) This petition filed under Article 226 of the Constitution prays for quashing order dated 2.1.2007 (P-15), passed by the Collector, District Sirsa-respondent No. 1 while deciding the appeal against the order dated 17.8.2006 (P-6) passed by the Divisional Canal Officer, Nehrana Water Services Division, Sirsa-respondent No. 2, determining compensation of the acquired land. A further prayer has been made for directing the official respondents to restore order dated 17.8.2006 passed by respondent No. 2.
(2.) Brief facts of the case are that the petitioner filed an application under the provisions of the Haryana Canal and Drainage Act, 1974 (for brevity, 'the Act') for sanction of a water course fully described in the petition. On receipt of the application a scheme under Section 17 of the Act was prepared and published under Section 18(1) of the Act for inviting objections. Case was heard on 5.2.2003 and site was inspected on 27.3.2003. After inspecting the site and perusing the report of Ziledar Nehrana and Sub Divisional Canal Officer, Baruwali, W/S Sub Division, Sirsa, respondent No. 2 sanctioned the water course BC in Rect.//Killa No. 24//3, 4 and 5 Northern side East to West into two karam width, vide order dated 28.3.2003 (P-1). A condition was stipulated that the petitioner would pay compensation which was to be decided separately in lieu of the land made available to him for use of water course BC. The affected person, namely, Shri Balbir Singh son of Shri Shish Pal, resident of village Chaharwala, filed an appeal under Section 20(3) of the Act before the Superintending Canal Officer, Bhakra Water Service Circle, Sirsa, which was dismissed vide order dated 12.8.2003, upholding the order passed by respondent No. 2 (P-2). Still further an appeal was preferred by Shri Balbir Singh before the Chief Canal Officer/BWS Unit Irrigation Department, Panchkula, and the matter was remanded back to the Superintending Canal Officer, vide order dated 23.2.2004 (P-3), who again rejected the appeal vide order dated 21.7.2005 (P-4). Ultimately, the water course was sanctioned for irrigation of the land of the petitioner. For acquisition of the land, respondent No. 2 invoked Section 21 of the Act and after considering objections, the District Land Acquisition Collector passed an award on 4.3.2003 (P-5). On the basis of the award, respondent No. 2 passed an order dated 17.8.2006 (P-6) assessing the amount of compensation as under:
(3.) The petitioner deposited an amount of compensation, vide receipt dated 28.9.2006 (P-7). Thereafter further proceedings such as Nishandehi (demarcation), handing over of possession at the spot etc. had taken place on various dates as is evident from documents Annexures P-8 to P-14. The mutation of the land has been entered in the name of the petitioner by replacing the names of Phool Singh, Shish Pal, Ganga Jal and Ramji lal-respondent No. 3, all sons of Hira son of Moola.