Vimal Kumar vs State Of Punjab & Ors.

“xx xx I am a shareholder of the above Mogha. This is to confirm that the khal/watercourse F5, F5/1 length 181 meter has been approved by the PVRM department, D.C. Lining Division No.15 Abohar for paving at the above mentioned Mogha. The khal/watercourse has been dug by the shareholders of the Mogha halfway along the road and halfway across the land. The demarcation of which has also been done by the Revenue department but some shareholders are not allowing the khal/watercourse to become permanent which will harm our irrigation. So I request you to immediately take the opportunity and have the current khal/watercourse removed to the right place so that the work of rebuilding this khal/watercourse can be started i.e. a permanent khal/watercourse can be made. A copy of the Sub Divisional Engineer, PVRM, DC Lining Sub Division No.15, Abohar is attached. This application has been sent to Sub Divisional Officer, Abohar for review.”

“xx xx The report of the Ziledar Illaqa and Sub Divisional Officer, Abohar Canal and Ground Water Division and the site plan were perused. The case was also reviewed on 20.08.2024 to review the status of the case. The demarcation report done by the Halqa Kanungo on 10.2023 has been perused. Upon inspection, it was found that the said khal/watercourse Point A-B was not running in the actual area/Killa Numbers but was running in the space of the road. Due to which, the movement of agricultural equipment is affected due to lack of space on the road and farmers suffer losses. Thereafter, after examining the record, this khal/watercourse Point A-B Khasra No. Khasra No.935 is hereby restored as shown in the Warabandi site plan alongwith the road, leaving the place of gair mumkin rasta under section 30 FF of Northern India Canal and Drainage Act 8 of 1873 as amended 23 of 1965.

“The Divisional Canal Officer, in his decision, gave the reason that he has inspected the spot on 20.08.2024, on perusal of the demarcation report submitted by the Halqa Kanungo on 14.10.2023, it has been found that the Khal point A-B was not being worked in the actual area/Killa numbers but was being worked in the road space due to which, the road space was not complete, the movement of the equipment used for agriculture was affected and the farmers suffered losses, restored the khal/watercourse Point A-B. The khal/watercourse has been restored along the rasta by leaving the space of khasra No.935 as shown in the Warabandi site plan whereas, in this case, no Field restoration the Officer reported the of khal/watercourse. Reading the reports of the Illaqa Ziledar and Sub Divisional Officer attached with the case, which they have submitted to the Divisional Canal Officer, reveals that the pacca khal/watercourse is being run at the spot which has been made pacce/finalsed by the concerned department of the government which was not taken into consideration by the Divisional Canal Officer while making his decision. In this case, the action taken by the Divisional Canal Officer to take a decision was not done as per the rules as it is clear from the reports submitted by the Field officers and the spot site plan that the action to be taken by the Divisional Canal Officer under the relevant sections of the Canal Act was not done in this case. The Divisional Canal Officer also ignored reason/argument that the Tubewell Corporation had requested the department to obtain documents from the Canal department and to receive suggestions and objections from the shareholders of Mogha, the khal/watercourse is made pacca at the spot after the issuance and sanction of scheme. The Divisional Canal Officer did not examine the above mentioned facts and gave his decision on 11.11.2024 with which the court does not agree. It has also come to the notice of the court that the Tubewell Corporation has also sought directions so that they can revive the khal/watercourse afresh. While taking action under section 30FF (4) of Northern India Canal and Drainage Act 8 of 1873 and Punjab Amendment Act 23 of 1965, disposing the appeal, the decision of the Divisional Canal Officer, Abohar Canal Division, Abohar dated 11.11.2024 is hereby cancelled/set aside and the Divisional Canal Officer is hereby directed that it be ensured that the action be taken at the spot as per the provisions of the Canal Act and the officials of the Tubewell Corporation should be informed about the action taken so that the pacca khal/watercourse can be restored to its rightful place and position on the spot.”