IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 2247 of 2006 (O&M) Date of decision : 3.9.2009 Surekha ….. Petitioner Versus The Director Consolidation of Holdings and Others ….. Respondents Present: Mr. R.S. Mittal, Senior Advocate with Mr. Sudhir Mittal, Advocate for the petitioner. Mr. Sudhir Makkar, Sr. DAG, Haryana. Mr. Vikram Singh, Advocate for respondent No.3. **** S.S. SARON, J. The petition under Articles 226/227 of the Constitution of India has been filed seeking quashing of the order dated 2.8.2005 (Annexure P3) passed by the Director Consolidation of Holdings, Haryana (respondent No.1). Hawa Singh (respondent No.3) filed an application under Section 42 of the East Punjab Holdings (Consolidation Prevention of Fragmentation) Act, 1948 (“Act” – for short) stating that for his land in rectangle No.76 and 77 in the revenue estate of Sarsana, Tehsil Hansi, District Hisar a path had not been provided, which may be provided. According to the applicant – Hawa Singh (respondent No.3 herein), he had purchased 63 kanals of land but at the time of consolidation, no path was given to him. The Director Consolidation (respondent No.1) observed that no path had been provided to Hawa Singh (respondent No.3) and ordered for providing the same. Accordingly, a path in CWP No. 2247 of 2006 (O&M) [2] the khal (water course) comprised in khasra No.118 and rectangle No.77 khasra No.5/2, 6 towards East was provided. The ownership of the khal (water course) was that of the Gram Panchayat which had no objection if the khal (water course) was provided. Accordingly, the water course was ordered to be converted into a path. The following changes were made in the land :- Sr. No . Name of the owner Deleted Added Killa No. Area Killa No. Area 1. Gram Panchayat 118 North 64 x 3 killa No. 76//5/2, 6 1-1 - - 2. Makbuja Share-am - - 118 North 64 x 3 killa No. 76//5/2, 6 1-1 The grievance of the petitioner is that on account of the water course being converted into a path, her right of irrigation of land measuring 26 kanals 13 marlas as detailed in para 1 of the petition has been affected. A reference has been made to the site plan (Annexure P2) in which the land in possession of the petitioner comprised in rectangle No.76 and rectangle No.77 is shown in yellow colour. The water course in khasra No.118 is shown in blue colour. On account of the construction of the passage, the land of the petitioner in rectangle No.77 khasra No.5/2 is affected inasmuch as the water course was to run in between the lands comprised in rectangle No.77 khasra No.5/2 and rectangle No.76 khasra No.1/2. Learned counsel appearing for respondent No.3 along with respondent No.3 in person has submitted copy of Aksh Shijra, which is taken on record as Mark ‘A’. It is submitted by the learned counsel for respondent No.3 on instructions from respondent No.3 that he will on his own expenses provide underground pipe of 12 inches diameter for the irrigation of the land of the CWP No. 2247 of 2006 (O&M) [3] petitioner which shall be laid under the passage in between rectangle No.77 khasra No.5/2 and rectangle No.76 khasra No.1/2 and the said water course would have adequate flow of water. Learned Senior counsel appearing for the petitioner submits that the same is acceptable to the petitioner. In view of the above, the writ petition is disposed of with the direction that Hawa Singh (respondent No.3) shall lay underground pipe in between land comprised in rectangle No.77 khasra No.5/2 and rectangle No.76 khasra No.1/2 which shall be at least 12 inches in diameter. The necessary work shall be done within a month from the date of receipt of copy of the order. (S.S. SARON) JUDGE September 3, 2009 amit