NACHHATTAR SINGH Vs. SUPERINTENDING CANAL OFFICER AND OTHERS

JUDGEMENT

(1.) This case relates to dispute over irrigation between Nachhatar Singh on the one hand and Mahavir Singh, Jasvir Singh and Jaswant Singh on the other of Bhure Khurd, Tehsil and District Ferozepur.

(2.) Land measuring 12 acres held by the petitioner was transferred to outlet 25875-L. Transfer was done because the petitioner's holding was not getting sufficient irrigation from the original outlet on account of long distance from the outlet. The petitioner's application was inquired into and verified. Ziledar inspected the spot and recorded statements of the parties. On inquiry he found that there was no water course from outlet 23295-L taking water to the petitioner's holding. Therefore, the Ziledar recommended the transfer of petitioner's holding from 23295-L to 25875-L and submitted his report to Sub Divisional Officer. The SDO verified the facts and recommended the case for transfer to the Divisional Canal Officer. The order was passed by D.C.O. on November 9, 2005 transferring the holding as prayed for by the petitioner.

(3.) However, the respondents were aggrieved by this order and they preferred an appeal to Superintending Canal Officer who accepted the appeal on May 26, 2006 and set aside the transfer order. The reason given by the S.C.O. was that the size of the outlet was not going to increase with the transfer, this would lead to imposing a cut on the shareholders so that irrigation could be provided to all. The appellants before him were not prepared to suffer this reduction in irrigation. Consequently the appeal was allowed.