IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 2090 of 2011 ( O&M ) DATE OF DECISION : 16.11.2011 Harmesh Singh and others .... APPELLANTS Versus Superintending Canal Officer, IB Circle, Patiala and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. Vijay Sharma, Advocate, for the appellants. * * * SATISH KUMAR MITTAL, J. This appeal has been directed by the appellants against the order dated -26.4.2011, passed by the learned Single Judge, whereby the writ petition (CWP No. 9247 of 2010) filed by the appellants challenging the orders passed by the canal authorities ordering to shift the land of the private respondents from outlet 6500/R to 4125/R, has been dismissed. We have heard learned counsel for the appellants and gone through the impugned order. From the perusal of the impugned order, it appears that during the pendency of the writ petition, an affidavit was sought from the Superintending Canal Officer, Irrigation Branch Circle, Patiala, to explain LPA No. 2090 of 2011 -2- whether by shifting 47 acres of land from one outlet to another outlet, the petitioners are going to be adversely effected. Accordingly, after examining the entire case, the said officer filed affidavit stating therein that inclusion of 47 acres of land of the private respondents to the existing outlet RD 4125/R will not cause any adverse effect, as the increase in the water flow would be only from 0.53 Cusecs to 0.67 Cusecs and the increased flow will be remodeled by increasing the size of the outlet. While relying upon the aforesaid affidavit, the learned Single Judge has upheld the decision of the canal authorities and dismissed the writ petition of the appellants. After hearing learned counsel for the appellants, we do not find any ground to interfere in the impugned order, passed by the learned Single Judge, which is based upon the expert opinion given by a senior officer of the canal authorities. No merits. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE November 16, 2011 ( PARAMJEET SINGH ) ndj JUDGE