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Judgment
PANKAJ JAIN, J. (Oral)
CM-13462-CWP-2026
This is an application for impleading LRs of petitioner No.1-Baldev Singh, who is stated to have died during pendency of the appeal. As per para No.3 of the application, there is no other legal representatives of petitioner No.1 except those mentioned in para No.2. Application is supported by affidavit. Mr. Tinna pleads no objection. Consequently, the present application is allowed. Amended memo of parties is taken on record.
CWP-18997-2021
By way of present writ petition, the petitioners assail order dated 22.07.2021 passed by Superintending Canal Officer (Annexure P-10) and that dated 08.07.2020 (Annexure P-8) passed by respondent No.2.
One Balwant Singh filed application before Divisional Canal officer qua splitting outlet No.RD 16960/R 3-R Golewala Minor into two.
Report from Ziledar was called. As per the same, it was reported that sanctioning of new outlet shall affect the interest of shareholders. SDO vide report dated 10.06.2020 (Annexure P-4) recommended sanctioning of new outlet.
Divisional Canal Officer prepared scheme under Section 30A of the Northern India Canal and Drainage Act of 1873. The same was published. Shareholders filed application (Annexure P-6) pointing out loss that shall be caused to them on splitting of the outlet. Divisional Canal Officer vide impugned order dated 08.07.2020 (Annexure P-8) sanctioned new outlet by splitting outlet RD 16960/R, 3-R Golewala Minor.
Petitioner preferred appeal before the Superintending Canal Officer who vide order dated 22.07.2021 (Annexure P-10) dismissed the appeal observing as under:-
“xx xx on perusal of all the documents in the revenue file and after consideration, this court has found that order passed by the DCO, Harike Canal Division, Ferozepur seems to be correct in view of the situation at the spot and in the interest of better irrigation and production. There will be no difference of canal irrigation to the area of appellant party with the sanction of new outlet at RD 16960/L 3-R Golewalla Minor for 239/226 acre area of Bohar Singh S/o Rajinder Singh and Others by splitting out outlet at RD 16960/R 3-R Golewalla Minor. Therefore keeping in view the interest of better irrigation and production, order dated 08.07.2020 of DCO Ferozepur is hereby upheld and appeal of the appellant is dismissed.”
While issuing notice of motion, this Court vide order dated 22.09.2021 observed as under:-
“It is inter alia submitted on the basis of Section 30-B of the Northern India Canal and Drainage Act, 1873, that a clear period of 21 days has to be provided after publication for receiving objections and suggestions to any scheme published. The record of this case shows that the scheme was prepared on 11.06.2020. Signature of the Lambardar on the said scheme is dated 04.07.2020, thus, earliest date of publication was 04.07.2020. The Divisional Canal Officer has passed his order on 08.07.2020 without waiting for the statutory period of 21 days for receipt of objections and suggestions. The Superintending Canal Officer has failed to take this aspect into consideration.
Notice of motion.
Ms. Anju Sharma Kaushik, DAG, Punjab accepts notice on behalf of respondents No.1 & 2 and waives service.
Remaining respondents be served in the ordinary manner, for 17.02.2022.
Meanwhile, operation of the impugned orders shall remain stayed.”
After hearing counsel for the parties and after perusing the records of the case, this Court is of the opinion that apart from the technical plea raised by senior counsel appearing for the petitioners as recorded in the notice of motion order, the authorities have also not considered the report of the Field Officer and the objection raised by shareholders to the creation of new outlet. Once the Field Official has reported that the sanctioning of new outlet shall adversely affect the interest of shareholders, canal authorities were required to meet the same by affording cogent reason.
From the perusal of the impugned order, this Court finds that the canal authorities have failed to assign any reason for repelling the appreciation raised by canal authorities and the shareholders. Accordingly, the impugned orders are hereby set aside. Divisional Canal Officer, Ferozepur is directed to decide the appeal afresh in accordance with law within a period of 03 months after taking into consideration the report of the canal authorities and the objection raised by the shareholders.
Parties are directed to appear before canal authorities on 05.10.2026.
Present writ petition is disposed off, accordingly.