C.W.P. No. 4475of 2006 1 In the High Court of Punjab and Haryana at Chandigarh C.W.P. No. 4475of 2006 Date of decision:.11-2-2008 Jagsir Singh .....Petitioner Vs. Superintending Canal Officer and others .....Respondents Coram: Hon'ble Mr. Justice K.S.Garewal Hon'ble Ms. Justice Daya Chaudhary Present: Mr. J.S.Brar, Advocate, for the petitioner. Mr. Sandeep Khunger, Advocate, for respondent No.3 K.S.GAREWAL, J. This petition is filed by Jagsir Singh who challenged the order passed by Superintending Canal Officer dated February 22, 2006 copy of which has been annexed as Annexure P-6. The petitioner's dispute is with respondent No.3. The dispute arose when Surjit Singh filed an application for sanction of water course on the northern boundary of khasra No.78 and 79 by allegedly concealing that there was water course ADEF running through his own land. The application was accepted by the Deputy Canal Officer on May 26, 2003 who ordered water course BC on the northern boundary of Khasra No.78 and 79 with a width of 1-1/2 karams. This was successfully challenged by the petitioner before Superintending Canal Officer on December 18, 2003 who accepted his appeal and directed a fresh decision on the basis of the spot inspection to ensure that no damage is caused to the petitioner's fields. On remand the matter was reconsidered, Surjit Singh was C.W.P. No. 4475of 2006 2 unsuccessful and his application was dismissed. Surjit Singh filed an appeal before the Superintending Canal Officer which was allowed vide impugned order dated February 20, 2006 Annexure P-6 and the water course as earlier granted by the Deputy Canal Officer on May 26, 2003 was sanctioned. We are not inclined to interfer in this petition because the Superintending Canal Officer has considered all the aspects of the matter and decided on the basis of the Government policy to bring maximum area under canal irrigation. Therefore water course BC was sanctioned with a width of 1-1/2 karams. However, we feel that as the water course is passing through the petitioner's fields, he should be compensated for the land required for the water course by payment of market value of the land to him by Surjit Singh respondent No.3. The Deputy Canal Officer shall assess the market value and direct its payment to the petitioner within three months from the receipt of certified copy of this order. In making the assessment of the market value Deputy Canal Officer shall also associate Surjit Singh respondent No.3 with him. This petition is disposed of in the above terms. ( K.S.GAREWAL) JUDGE (DAYA CHAUDHARY) JUDGE February 11, 2008 RSK NOTE: Whether to be referred to the Reporter or not: