Civil Writ Petition No. 18257 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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Civil Writ Petition No. 18257 of 2008
Date of decision: 22.10.2008
Daya Nand ........Petitioner
Versus
Divisional Canal Officer etc. .......Respondents
Coram: Hon'ble Mr. Justice J.S.Khehar
Hon'ble Ms Justice Nirmaljit Kaur
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Present: Mr. S S Godara, Advocate
for the petitioner
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J.S.Khehar, J. (Oral)
Through the instant writ petition, the petitioner has impugned
the final order passed by the Chief Canal Officer/BWSU, Irrigation
Department, Haryana, Panchkula dated 20.08.2008 (Annexure P-5).
A perusal of the aforesaid order reveals, that the irrigation of
the area in question, is only 134%, whereas the irrigation of the outlet of
the respondents is 154%, and that of the village Sanchla, is 183%.
The aforesaid factual position has not been disputed by the
learned counsel for the petitioner. It is, however, the contention of the
leaned counsel for the petitioner, that by carving out a new outlet for the
petitioner at point ‘D’ (as indicated in the site plan Annexure P-1), the
irrigation capacity, which is presently available to the petitioner from point
‘C’, shall be reduced. Since the factual position of the percentage of
irrigation depicted in the impugned order dated 20.08.2008 (Annexure P-5)
Civil Writ Petition No. 18257 of 2008 2
has not been disputed, we are of the view, that the change of watercourse
from point ‘A’ to ‘D’ for respondents No. 4 to 25, would be in the overall
interest of the irrigation, even if the same as a result of reducing the
quantum of irrigation presently available to the petitioner to a limited
extent.
The instant writ petition accordingly stands dismissed.
[J.S.Khehar]
Judge
[Nirmaljit Kaur]
Judge
October 22, 2008
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