CHANDGI RAM Vs. CHIEF CANAL OFFICER

JUDGEMENT

(1.) The principal question arising for decision in these three Civil Writ Petitions (Civil Writ Petitions No. 2277 of 1983, 1301 of 1984 and 4247 of 1985) is whether the time frame mentioned in section 18 of the Haryana Canal and Drainage Act, 1974, is mandatory or directory ?

(2.) Briefly, the material facts are that the Divisional Canal Officer ("D.C.O." for short) prepared a scheme under Section 17 of the Act. 'Whether the outlet at R.D. 7500 or at R.D. 8620 at Sherpur distributary was to be made permanent'. The Scheme was duly published in accordance with the rules and the D.C.O. heard the share-holders concerned on 28.10.1981. He inspected the spot on 28.7.1982 and ultimately sanctioned outlet at R.D. 7500-R. at Sherpur distributory by order dated 25.8.1982 (Annexure P-1). Appeal against the order was dismissed by Superintending Canal Officer ("SCO." for short) Annexure P-2 on 24.11.1982. A second appeal was, however, allowed by the Chief Canal Officer ("C.C.O." for short) by order Annexure P-3 dated 5.4.1983. He held that the outlet was to be fixed at R.D. 8620-R.

(3.) The order passed by the Canal Authorities i.e Annexures P-1 to P-3 have been challenged by the petitioners on various grounds.