RSA No. 3383 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3383 of 2010 (O&M) Date of decision:- 14.10.2011 Mahinder Singh & others ...Appellants Versus Gram Panchayat Mahiudin Pur Thirana and others ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. J.S. Saneta, Advocate for the appellants. RITU BAHRI J.(Oral) This regular second appeal is against the judgment and decree dated 13.03.2009 passed by the Court of ld. Additional Civil Judge (Senior Division), Panipat, vide which the suit of the appellant/plaintiffs has been dismissed and judgment and decree dated 18.12.2009 passed by learned Additional District Judge, Panipat whereby the appeal filed by the appellants/plaintiffs has also been dismissed. The plaintiff filed a suit for permanent injunction restraining the respondents/defendants from constructing the canal water course for irrigating the land situated at village Mahiudin Pur Thirana in the agricultural land owned and possessed by the plaintiffs. However, Gram Panchayat contested the suit. It was admitted that plaintiffs were owner of the land except the drain/khal which was alleged to be running for the last 40 years. It was also alleged that watercourse is already running on the ground for the last 40 years for the irrigation of agricultural land measuring 880 acres of different proprietors of the said village. It was denied that any compromise was effected on 29.01.2005 in faovur of the plaintiff. The plaintiffs had no objection to the “kacha khal” and the process of “khal pakka” was RSA No. 3383 of 2010 (O&M) -2- being conducted. Respondent Nos. 2 and 3 took the same stand as defendant No. 1. On 18.02.2006, the trial Court framed the following issues:- 1. Whether the plaintiffs are owners in possession of the suit land as mentioned and described in the head note of the plaint? OPP 2. Whether there does not exists any sanctioned khal in the suit land owned by the plaintiffs? OPP 3. In case issue No. 1 and 2 are decided in favour of the plaintiffs then whether plaintiffs are also entitled to relief of injunction as prayed for? OPP 4. Whether the suit filed by the plaintiff is not maintainable in the present suit? OPD 5. Whether the plaintiff has not approached the court with clean hands? OPD 6. Whether the Court has no jurisdiction to try and entertain the present suit? OPD 7. Relief. The trial Court came to the conclusion that plaintiff has failed to show if the existing “Khal” has been dug on the ground of the plaintiffs or not. Consequently, issue No. 2 was decided against the plaintiff. The trial Court dismissed the suit of the plaintiff. On appeal, the lower appellate Court has held that plaintiffs did not disclose in their pleadings that a kacha water course was in existence at the spot and the same was being made pucca by the Canal Department. The Canal department has prepared a draft scheme under Section 17 of the Act as per decision of D.C.O under Section 18(ii) of the Act. The plaintiff, if had any objection RSA No. 3383 of 2010 (O&M) -3- against the draft scheme of the Canal Department, they could avail the remedy of appeal and revision as provided under Section 20 of the Haryana Canal Drainage Act, 1974 (for short 'the Act). The present suit restraining the canal department from making the existing water course pucca is barred under Section 25 of the Act. Plaintiff No. 1 when appeared as PW-1 had deposed in his cross-examination that water course of Thirana Manor was in existence before he took birth. He also deposed that the disputed water course was made pucca in January/February, 2006. He further deposed that about 500/700 acres of land was being irrigated through the disputed water course. The findings of the trial Court has been affirmed by the lower appellate Court that the plaintiff has miserably failed to prove that he was owner of the land on which the drain/khal was running. No substantial question of law arises for consideration in this appeal by this Court. Accordingly, R.S.A is dismissed. October 14, 2011 ( RITU BAHRI ) G.Arora JUDGE