HARDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition challenges an amendment to Rule 11 of the Rajasthan Irrigation and Drainage Rules, 1955 (hereinafter referred to as "1955 Rules") by notification dated 17.05.2010 on the ground of it being beyond the scope of the parent legislation, i.e., Rajasthan Irrigation and Drainage Act, 1954 (hereinafter referred to as "1954 Act").

(2.) The 1954 Act governs the issues related to irrigation; the subsequently enacted Farmers' Participation in Management of Irrigation Systems Act, 2000 (hereinafter referred to as "Act of 2000") also covers some aspects of management of irrigation systems. Under these legislations, the 1955 Rules, and the Rajasthan Farmers Participation in Management of Irrigation Systems Rules, 2002 (hereinafter referred to as "2002 Rules") respectively were framed.

(3.) The Act of 2000 provides for democratization of the process of irrigation management in the villages and increased farmer participation. According to the objects of the Act, it "is an act to provide for farmers participation in the management of irrigation system and for matters connected therewith or incidental thereto". Sections 4, 5, 6, 7, 8, 9 and 35 provide for a Water User's Association (hereinafter referred to as "WUA"), Managing Committee of the WUA, Managing Committee of the Distributary Committee, Managing Committee of the Project Committee and the Apex Committee. A reading of the grievance redressal mechanism reveals that there is substantial departure from the 1954 Act and pre-amended 1955 Rules, which provided that orders of the Divisional Irrigation Officers were appealable to the Superintending Irrigation Officer whose order was final. Other provisions of the said enactments are mostly independent of each other and the later Act, reiterates in Section 2(2), that if any term or expression used (in the Act of 2000) is not explained or defined, it shall be as defined by the Act of 1954.