1 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH Civil Writ Petition No.7785 of 2007 Date of Decision: 04.9.2009 Balwinder Singh Balwinder Singh Balwinder Singh Balwinder Singh …. Petitioner …. Petitioner …. Petitioner …. Petitioner Versus Versus Versus Versus State of Punjab and Others State of Punjab and Others State of Punjab and Others State of Punjab and Others …. Respondents …. Respondents …. Respondents …. Respondents Present : Mr. R.K. Singla, Advocate, for the petitioner. Mr. H.S. Gill, DAG, Punjab, for respondent Nos.1 to 3. Mr. B.S. Sewak, Advocate, for respondent Nos.4 to 6. *** S.S. SARON, J. S.S. SARON, J. S.S. SARON, J. S.S. SARON, J. The petition has been filed under Articles 226/227 of the Constitution of India, seeking quashing of the order dated 25.5.2006 (Annexure P-4), passed by the Divisional Canal Officer, Canal Division (Irrigation Branch), Sangrur (Respondent No.2) and the order dated 10.4.2007 (Annexure P-8) passed by the Circle Canal Officer, Patiala Circle (Irrigation Branch), Patiala (Respondent No.3) alleging them to be void ab initio, without jurisdiction and against the provisions of the Northern India Canal and Drainage Act, 1873 (‘Act’-for short). The land comprised in khasra Nos.1030, 1035 and 1036 marked in red colour in the site plan (Annexure P-5) is owned by the petitioners and the land comprised in khasra Nos.1031/1, 1031/2 and 1034, is stated to be owned by the private respondents. The petitioners are -2- CWP No.7785 of 2007 irrigating their land from point A of the water channel A-B in the site plan (Annexure A-5) and they are getting irrigation from outlet No.50600/R. The Divisional Canal Officer, Canal Division (Irrigation Branch), Sangrur (Respondent No.2) vide order dated 25.5.2006 (Annexure P4) ordered that to settle the dispute of the share holders three karams of land out of khasra Nos.1031 (1-2), 1034 towards the petitioner be left and water channel on the common boundary of the petitioner and Randhir Singh (Respondent No.4) at point B-C was ordered to be restored under Section 30FF of the Act. Respondent No.4-Ranjit Singh aggrieved against the said order, filed an appeal (Annexure P-7) before the Superintending Engineer, Canals and Drainage, Patiala Division, Patiala. The Circle Canal Officer, Patiala Circle (Irrigation Branch), Patiala (Respondent No.3) vide order dated 10.4.2007 (Annexure P-8) ordered that the decision of the Divisional Canal Officer, Canal Division (I.B.), Sangrur (Respondent No.2), dated 25.5.2006 (Annexure P-4) is restored by amending that as per demarcation, the water channel be made on the common boundary. The decision, it was observed, had been made under Section 30FF of the amended Act. The grievance of the petitioner is that the land of the petitioner would be encroached upon by the private respondents in the construction of the water channel B to C on the common boundary as is depicted in the site plan (Annexure P-5). Learned counsel appearing for the private respondents has submitted that as per order dated 10.4.2007 (Annexure P-8), the water channel would be constructed on the common boundary. After deliberations, it has been agreed by the counsel for the petitioner and respondent No.4 that water course B to C be restored by constructing it on the common boundary wall and it should be ensured that land of both the parties is taken equally. -3- CWP No.7785 of 2007 Accordingly, the writ petition is disposed of. The order dated 10.4.2007 (Annexure P-8) of respondent No.3 is upheld to the effect that the water channel B to C in the site plan (Annexure P-5) is to be made on the common boundary in between the land comprised in khasra Nos.1030, 1035 and 1036 on the one side and khasra Nos.1031/1, 1031/2 and 1034 on the other side and in case any land is taken, it should be taken on both the sides equally and both the parties will use the water channel. (S.S. SARON) (S.S. SARON) (S.S. SARON) (S.S. SARON) JUDGE JUDGE JUDGE JUDGE 4.9.2009 4.9.2009 4.9.2009 4.9.2009 gaurav