IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.946 of 2010 DATE OF DECISION : APRIL 28, 2011 BHAN SINGH & ORS. ....... PETITIONER(S) VERSUS THE STATE OF HARYANA & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Vikram Singh, Advocate, for the petitioner(s). Mr. BS Saini, Sr. DAG, Haryana. AJAI LAMBA, J. (Oral) 1 This petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order dated 16.10.2009 (Annexure P-6). 2 Vide order (Annexure P-6), Executive Engineer, Safidon Water Services Division, Safidon, has conveyed decision dated 16.12.2009 on the legal notice, to the effect that the department has undertaken a fresh survey in regard to ground conditions. Concerned Chief Engineer has observed that the natural level of catchment area in question is gradually sloping towards the existing Titokheri drain and the flood water during rainy season will flow under the gravity up to the proposed out fall point of Titokheri drain, as there exists a drop of 2.73 feet in Civil Writ Petition No.946 of 2010 2 the affected portion of the land. No flooding problem has been experienced in the past ten years. The Chief Engineer has given his opinion that there has been a dispute between farmers of two villages; namely, Titokheri and Karsindhu. It is not advisable to construct Titokheri link drain. 3 Essentially, the petitioners, who belong to Village Titokheri, want a drain to be constructed with the plea that there is water logging in the area, which is diminishing the value of land and is adversely affecting the agricultural produce. Be that as it may, considering the nature of prayer, a Local Commissioner was appointed. Report dated 5.10.2010 has been furnished by the Local Commissioner along with photographs. 4 As per the report, no water was seen standing in the agricultural land. The crops were found to be in good condition. No loss in crop due to water logging has been shown by the villagers. It has also been opined that there appears to be a dispute between two villages. 5 When the photographs are considered collectively, no such fact can be deciphered so as to issue directions to the Executive to construct a drain. 6 In extra ordinary writ jurisdiction, directions can be issued if there is failure on the part of the statutory authorities to act. Ordinarily, it is within the domain of the executive authorities to consider welfare of the villagers and pass orders so as to construct drain(s). Expert opinion by way of report of Chief Engineer has come on record that construction of drain is Civil Writ Petition No.946 of 2010 3 not required. Likewise, report of the Local Commissioner also indicates that no loss to the crop could be observed. 7 A communication dated 28.2.2011 has been placed on record by the learned counsel for the respondent-State. Executive Engineer, Safidon Water Services Division, Safidon, in the communication, has stated that there is no permanent water logging area in the fields of the petitioners. As and when it is found that water is standing in the fields on the lands in dispute, de-watering by employing diesel pumps would be done. 8 When the facts and circumstances are considered collectively, no ground for issuance of directions in extra ordinary writ jurisdiction is made out. 9 The petition is, accordingly, dismissed. April 28, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?