SAHAB SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioners, having their agriculture land at Chak 1 SNG, Tehsil Sangariya, District Hanumangarh have filed this writ petition seeking to question the steps being taken by the respondents in the Water Resources Department at Hanumangarh from changing the existing system of irrigation, where water supply is maintained through a Proportional Distributor ('PD'), by way of the system of Adjustable Proportionate Module ('APM') machine. The petitioners submit that such alternation and change is sought to be brought about without the authorities concerned having even heard them and without having taken into consideration their view points and grievances. It is further suggested in the petition that by way of alteration of PD, essentially the agriculture land at Chak 3 SNG is likely to get benefited in the volume of irrigation water at the cost of the petitioners. The petitioners have prayed for the following reliefs:-

(2.) THE respondents have filed the reply and additional affidavit contending against the submissions as made by the petitioners and while maintaining that the alteration is being taken up for the purpose of regulating and maintaining proper water supply that has, moreover, become necessary after constructing of Pukka canals. It is submitted that in the changed circumstances, PD system was found technically unsuitable and hence, it was decided to install the APM machine and such a process is being taken up in accordance with the guidelines.

(3.) AFTER having heard the learned counsel for the parties and having perused the material placed on record, this Court is of the view that several of the technical and factual aspects as involved in the matter deserve to be considered and examined by the responsible officer of the respondent-department before their finally proceeding with the installation of APM machine at the site. It is one of the grievances of the petitioners that they have not been afforded any opportunity of hearing before the authorities have taken the decision to alter the existing irrigation system; and it has further been asserted that the alteration is being sought to be enforced without passing of any specific order to that effect.