Civil Writ Petition No.15718 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.15718 of 2007 DATE OF DECISION: AUGUST 25, 2011 Harcharan Singh .....Petitioner VERSUS State of Punjab & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Sanjiv Manrai, Advocate, for the petitioner. Mr. N.D.S. Mann, Addl. A.G., Punjab for the State. Mr. Ashok Singla, Advocate, for respondent Nos.8, 9, 15, 18 and 21 to 23. **** RANJIT SINGH, J. The petitioner had filed a petition under the provisions of the Northern India Canal and Drainage Act, 1965 with the prayer that his land measuring 18.78 acre, which was being irrigated from the burgi 24750R Jaito Rajbaha be transferred to burji 27850R Jaito Rajbaha. The reason for this prayer was that the land of the petitioner is situated more than 2 km away from 24750R water outlet and he would get better irrigation if change is permitted. Notice was issued to the share holders and they gave their no objection. The claim of the petitioner was contested only by respondent Nos.6 to 25 on the ground that water will spill over to their fields if the petitioner is sanctioned water outlet No.27850R. The Divisional Canal Officer (S.D.O.) allowed prayer of the petitioner. Civil Writ Petition No.15718 of 2007 -2- The Superintendent Canal Officer (S.C.O.) however, interfered with the order by accepting the appeal. The S.C.O. has given reason that the water will spill into the land of the appellants (herein respondents No.4, 8 & 19) and will damage their crops. I have not been able to appreciate if mere change of turn of the petitioner would lead to any increase of water flow leading to spillage. It is also not clear that this would be the valid ground to interfere with the orders passed by the D.C.O. In my view, the S.C.O. would need to apply his mind afresh and give reason as to how this change will lead to any increase of water as has been noticed by him. The S.C.O. would be at liberty to pass a fresh order in accordance with law after affording an opportunity of hearing to the parties. The parties through their counsel are directed to appear before the S.C.O. on 16.9.2011. The writ petition is, accordingly, disposed of. August 25, 2011 (RANJIT SINGH) monika JUDGE