NIKKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CIVIL Writ Petitions No. 2481 of 1979, 2482/79, Nos. 494, 863, 977, 1461/82 and No. 939 of 1985 are being disposed of by a common judgment as a common question of law arises for determination in all these cases.

(2.) WE have referred to the facts as given in CWP No. 863 of 1982 in order to appreciate the point arising for determination.

(3.) THE petitioners have alleged that a chao (rainy drain) named Manauliwala Tangari/dhangauri Chao runs through various revenue estates from times immemorial. Natural flow of rain water from Shivalik range drains out from this Chao. Respondent 1, the State of Punjab, constructed a bandh at Dhikansu in early 1970 to save Rajpura town in Patiala District from devastation on account of flood water. The water flowing from the Chao is not utilized by the farmers. It has not been canalised. Respondent 1 issued a notification Under Section 5 of the Northern India Canal and Drainage Act, 1873 (hereinafter called the Act) on 17th May. 1973. Pursuant thereto, demand notices have been issued to the rightholders for utilisation of the said water. The recovery of water charges (abiana) for utilisation of the rain water is alleged to be without any legal sanctioa The notification issued Under Section 5 of the Act does not specify the requirement of the statute and is bad at law.