JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners Jai Singh and Fateh Singh have filed this petition under Article 226 of the Constitution of India for quashing Annexure P-2 changing the alignment of Pundri Drain.

(2.) It is alleged in the petition that the petitioners are right-holders of village Mohna where consolidation proceedings took place in the year 1970 and in these proceedings a path was provided for going to the fields. This path was for the use of all the right-holders for going to their respective fields.

(3.) In the year 1975, a scheme was prepared for the construction of Pundri Drain which was to run through the land of the village and this scheme was approved in accordance with the provisions of the Haryana Canal and Drainage Act (hereinafter referred to as the Act). Some alterations were made in the scheme without any notice to the petitioners. Till March, 1978, no digging operations were started by the authorities but it was only in March, 1978, that the digging operations were started. Petitioners then filed C.W.P. No. 1963 of 1978 on May 7, 1978, which was disposed of by Motion Bench on June 6, 1978, with the following observations :-