Civil Writ Petition No. 15297 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 15297 of 2007 Date of Order: 16.07.2010 Randhir ....Petitioner Versus Chief Canal Officer and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Sanjay Mittal,Advocate for the petitioner. Mr. Gagandeep Singh Wasu, Sr. DAG, Haryana for respondents no.1 to 3. Mr. N.S.Shekhawat, Advocate for respondent No.4 RAJIVE BHALLA, J (Oral). Prayer in this petition is for issuance of a writ in the nature of certiorari for quashing the order dated 05.09.2007, passed by the Chief Canal Officer/LCU, Irrigation Department, Haryana, Panchkula, setting aside the orders dated 04.04.2003 and 11.08.2003, passed by the Divisional Canal Officer, Rewari and the Superintending Canal Officer, JLN Water Services, Circle, Rewari. Counsel for the petitioner submits that as the Divisional Canal Officer and the Superintending Canal Officer have recorded concurrent findings of fact that outlet No.RD 13250/L should be shifted to outlet No.RD 13750/L as this would enhance irrigation by straightening the water course. The Chief Canal Officer has reversed these findings without dealing with them. It is further Civil Writ Petition No. 15297 of 2007 -2- submitted that a majority of the land owners are in favour of shifting the outlet as it would improve irrigation to their land. Counsel for respondent no.4, on the other hand, submits that the outlet has been serving the fields of the parties without any complaint since the year 1982. The petitioner is motivated by considerations other than merits. The Ziledar inspected the land and made a recommendation against shifting of the outlet. The Sub Divisional Canal Officer, however, differed with the Ziledar and recommended shifting of the outlet. The Divisional Canal Officer accepted the recommendation of the Sub Divisional Canal Officer without assigning any clear and cogent reasons. It is also submitted that the new location of the outlet is only two killas from the old outlet. I have heard counsel for the parties, perused the impugned order and find no reason to hold that the Chief Canal Officer has committed any error as would require interference. The Chief Canal Officer considered the matter in its entirety and while accepting the revision held as follows:- “I heard the arguments of both the parties, consulted the Revenue Missal of the case and examined the spot level of the area as shown in the khaka plan. Levels of field along the Mr. Ranges from 759.50 to 760.40 and further it reduces to 756.30 to 756.70 toward the side of the village Rjnwas. It means there is sufficient gradient from canal to the fields. The level of the fields on left and right side at RD 13250/L is 759.50 and 759.85 and at Rs.13750/L it is 759.50 Civil Writ Petition No. 15297 of 2007 -3- and 760.40. so there is no much of difference in spot level on the two sides. Water level in the canal as per design at RD 13250/L is 231.772M and that at RD 13750/L it is 231.688. It means water level at RD 13250/L is higher as compare to RD 13750 and will provide better working head for irrigation of fields. O/L is preferred at the start of the chak. I found no merit or justification in shifting the O/L on downstream side of the chak. I find merit in the appeal grounds and accept the same. Decision of SCO dated 11.8.03 and DCO dated 4.3.03 are set aside.” As is apparent from the findings recorded by the Chief Canal Officer, the change of the outlet from RD 13250/L to RD 13750/L would not advance the cause of irrigation. The Divisional Canal Officer and the Superintending Canal Officer, apart from holding that the water course would be straightened have failed to record any finding as to how irrigation to the petitioner's land would be enhanced. In view of what has been stated hereinabove, the writ petition is dismissed with no order as to cost. July 16, 2010 (RAJIVE BHALLA) nt JUDGE