Judgment Search Results Home > Cases Phrase: northern india canal and drainage act i873 Page 1 of about 182 results (0.052 seconds)

Arjan Singh @ Jit Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

..... it was also directed that if arjan singh wanted khal, he could apply to the competent authority under the provisions of the northern india canal and drainage act, 1873. ..... however, it will be open for the petitioners to approach the authority concerned for providing a watercourse in accordance with the provisions of the northern indian canal and drainage act, 1873 by way of acquisition of land in accordance with law. ..... the absence of any document on record to indicate the existence of watercourse, merely on the basis of oral statement and inspection by the divisional canal officer, it cannot be presumed that watercourse was in existence at the spot. ..... , the petitioner filed writ petition before this court which was dismissed vide order dated 04.09.2012 (annexure p-15), however, the matter was remanded and the divisional canal officer was directed to pass a fresh order after spot inspection. ..... counsel for the petitioners vehemently contends that a watercourse was in existence at the spot and on site inspection, the divisional canal officer recorded that the same has been demolished. ..... in pursuance of the order dated 04.09.2012 (annexure p-15), the divisional canal officer disposed of the matter while admitting that although water channel was in existence but subsequently it was demolished and it could not be ascertained at what point of time it was in ..... 2-divisional canal officer, faridkot canal division, faridkot and the order dated 04.10.2013 (annexure p-18) passed by respondent .....

Ajaib Singh and ors. Vs. Superintending Canal Officer and ors.

Court : Punjab and Haryana

Reported in : (2000)124PLR786

..... canal officer after considering the objections of the petitioners and the report of the ziledar who had recommended for transfer of the area, sanctioned the scheme under section 30-b(2) of the northern india canal and drainage act ..... under the provisions of northern india canal and drainage act. ..... sub-section (3) gives power to the superintending canal officer to act suo-motu on an application by the person aggrieved by the approval, modification and rejection of the scheme, to call for the record of the scheme from the divisional canal officer and after examining the same, confirm the action taken by the divisional canal officer or modify the scheme in such form as he may deem ..... the area now sought to be transferred from one outlet to another is 3.56 acres and not 9.35 acres and in this regard the divisional canal officer and also the superintending canal officer have recorded a concurrent finding of fact that there is no water-course towards ..... section 30-b has been amended by punjab act 356 of 1973 and because of the amendment, divisional canal officer has been empowered to approve, modify and reject the scheme after consideration of the objections and suggestions received on publication of the scheme ..... divisional canal officer and the superintending canal officer, thus, being in the interest of irrigation and having been passed by the persons well-versed and experts in the field, call for no interference in exercise of writ jurisdiction under article 226 of the constitution of india.9 .....

Kartar Singh and ors. Vs. the Chief Engineer, Irrigation and ors.

Court : Punjab and Haryana

Reported in : AIR1966P& H362

..... it has been conceded that no action has been taken under sections 30a to 30-g of the northern india canal and drainage act by way of preparation of a draft scheme, as contemplated by these provisions, nor has any other provision of law been brought to my notice for the purpose of justifying the coercive steps against which the petitioners complain. ..... it has been emphasised that no notification under section 6 of the land acquisition act has been issued nor has any draft scheme of the link drain, as envisaged by section 30b of the northern india canal and drainage act, been published in accordance with law. ..... officer in turn wrote to the sub-divisional officer, drainage sub-division ii, in june 1964 to give the demarcation at site to the overseer so that digging operations might be started.the petitioners and other right-holders of the village desired that the link drain should pass from north to east of their villages and after passing through kapura, raoli and dosajh should fall in dagro drain because the natural flow of water was towards the east ..... of the villages and the water had been passing from north to east of the petitioners' villages .....

Shietla DIn and ors. Vs. the Executive Engineer and ors.

Court : Allahabad

Reported in : AIR1971All343

..... the second contention, raised by the learned counsel is that sections 34 and 35 of the northern india canal and drainage act are constitutionally invalid being violative of articles 19(1)(f) and (g) and 31 of the constitution of india.in support of this submission he has placed reliance upon a decision of a division bench of the patna high court in ajablal ..... whilethe matter was under investigation at the hands of 'the police the canal authorities took action under sections 34 and 35 of the northern india canal and drainage act and by a common order dated 12-11-1965 levied varying amounts on several persons by way of charges for the unauthorised use of water and penalties. ..... counsel appearing on behalf of the opposite parties submits that the order was passed after holding an enquiry under section 34 and that sections 34 and 35 of the northern india canal and drainage act are not constitutionally invalid.5. ..... of this finding, it is not necessary to adjudicate upon the alternative contention that sections 34 and 35 of the northern india canal and drainage act are ultra vires.13. ..... liability when water runs to waste:-- if water supplied through a water course be suffered to run to waste, and if, after enquiry by the divisional canal officer, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such water course shall be jointly liable for the charges made in respect .....

Partap Singh and ors. Vs. Midha Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1974P& H227

..... gurpanch singh, hardev singh, pritam singh, darshan singh, gurdial singh and bagh singh applied to the divisional canal officer, bhatinda division, bhatinda, under section 20 of the northern india canal and drainage act 1873, hereafter called the act, that the area, which was in the chak outlet r. d. ..... the appellant filed an application under section 20 of the northern india canal and drainage act, 1873(hereinafter referred to as the act) to the divisional canal officer, bhatinda division praying that the area situated in chak of r. d. ..... 14 to 18,are right holders or residents of village bahadurgar jandian, who may have applied under section 20 of the northern india canal and drainage act. ..... ''30-a(1) notwithstanding anything contained to the contrary in this act and subject to the rules prescribed by the state government in this behalf, the divisional canal officer may, on his own motion or on the application of a shareholder, prepare a draft scheme to provide for all or any of the matters, namely:-- (a) the construction, alteration, extension and alignment of any watercourse or re-alignment of any existing watercourse; (b) reallotment of areas served by one water course to another; (c) the lining of nay watercourse; (cc) the occupation of land for .....

Harbans Singh, Harnam Singh and ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1965P& H356

..... 262 of 1961: 65 pun l r 732 observed as follows:'in fact in 65 pun lr 732 a concession by the counsel for the parties that 'that land acquisition act and the northern india canal and drainage act can co-exist and there is no question of the applicability of one of the exclusion of the other' was accepted by a division bench of this court of which i was a member. ..... the canal authorities had not prepared any drainage scheme as required by the northern india canal and drainage act 1873 (hereinafter to be referred to as the act). ..... (7) for a proper appreciation of these arguments it is necessary to consider the respective schemes of the northern india canal and drainage act, 1873, and the land acquisition act, 1894. ..... a point was taken during the arguments as to whether the acquisition of land was governed by the land acquisition act or the northern india canal and drainage act. ..... the purpose of the former is to regulate irrigation navigation and drainage in northern india. ..... it would also be relevant to note that the in the proceedings under the land acquisition act the entire cost of the acquisition is to be defrayed from the revenue of the state, while in case of scheme prepared under section 57 of the act part of the cost at least is to be borne by the land owners whose land would be benefited by the drainage-works and such sums can eventually under section 59 of the act be recovered from the land owners concerned if they were in arrears of land .....

Karam Singh Vs. Superintendent Canal Officer, Sirhind Canal and ors.

Court : Punjab and Haryana

Reported in : AIR1988P& H277

..... the warabandi was sanctioned under section 68 of the northern india canal and drainage act 8 of 1873(as amended) and nakkas were fixed after hearing the concerned shareholders. ..... 30-ff of the northern india canal and drainage act, 1874(for short, the act) imposes an obligation on the divisional canal officer to make an enquiry himself on an application filed by any affected person who alleges demolition, alteration or enlargement of a water-course ..... superintending canal officer, 1982 pun lj 240, it is contended that under section 30ff(2) of the northern indian canal and drainage act it is the divisional canal officer who has to personally conduct the enquiry and any decision based on the enquiry got conducted from the junior officers would be without jurisdiction ..... singh is restored under section 30-ff of the northern india canal and drg. ..... learned judge opined that since the enquiry had been got conducted by the divisional canal officer through the ziledar and the sub-divisional canal officer the order based upon such an enquiry was without jurisdiction. ..... it is also pleaded by him that the case was only prepared by the ziledar and the sub-divisional canal officer while he himself thoroughly enquired into the matter at the time of hearing.7 ..... 'after the service of the notice, the divisional canal officer heard the parties and passed the following order :--'after serving the notice, the acknowledgement was filed in the file (case) and the following persons came present on 12-3-1986 :-- 1. .....

Kanshi Ram Vs. the Punjab State Tubewell Corp. and ors.

Court : Punjab and Haryana

Reported in : (2004)138PLR810

..... - every summons, notice, order, requisition and proclamation which under the northern india canal and drainage act, 1873, or the rule thereunder is required to be served on or issued, delivered or communicated to any person or published for general information, shall be so served, issued, delivered, communicated or published (as the case may be) hereinafter ..... below have dismissed the suit, inter alia on the ground that all the formalities such as the scheme was notified and published in the locality before the finalisation of the same as laid down under the northern india canal drainage act, 1873, were observed for construction of pucca drain and, therefore, the suit for mandatory injunction is not maintainable.5. ..... , learned counsel for the appellant has vehemently argued that no actual notice is purported to have been issued to the appellant who is owner of the land and, thus, by merely stating that the scheme has been notified and published in the locality is not a compliance of the provisions of rule 79-d of the northern india canal & drainage rules, 1873 (hereinafter to be referred to 'the rules'), thus, violating the statutory provisions which vitiates the construction of pucca khal. ..... construction, alteration, extension and alignment of any water course or re-alignment of any existing water-course; the lining of any water-course etc is required to be prepared under section 30-a of the northern india canal & drainage act, 1873 (hereinafter to be referred as 'the act'). .....

Hans Raj Vs. State of Punjab and Others

Court : Punjab and Haryana

..... he had been enjoying the facility of irrigation as per warabandi on outlet 81519-r daultpura minor, sanctioned under section 68 of the northern india canal and drainage act, 1873 (for short the act . ..... per the warabandi (annexure p-1).the watercours.ab was a sanctioned watercourse, under section 68 of the northern india canal and drainage act, 1873. ..... the relevant portion of the said judgment is reproduced herebelow:- watercours.regarding which warabandi fixed under the northern india and drainage & canal act to be taken as a sanctioned watercours.and such a watercours.if demolished, can be restored under section 30-ff-new plea if taken before the watercours.if demolished, can be restored under section 30-ff-new plea if taken before the authorities ..... irrigation, except through disputed watercours.ab, learned counsel for the state while referring to the affidavit dated 30.04.2013 of shri ramesh kumar gupta, divisional canal officer, abohar canal circle, abohar and on instructions from shri ishwar singh, ziledar, jandwala canal colony, abohar, fairly states that except the disputed watercours.ab, there was no other watercours.from which the land of the petitioner could be ..... impugned order dated 16.08.2011 (annexure p-3) passed by superintending canal officer, ferozepur, canal circle ferozepur-respondent no.2, petitioner has approached this court by way of instant writ petition under article 226 and 227 of the constitution of india, seeking a writ in the nature of certiorari for .....

Ram Manohar Lohia Vs. the Supdt., Central Prison, Fatehgarh and anr.

Court : Allahabad

Reported in : AIR1955All193; 1955CriLJ623

..... rates for supplying water are determined under the rules framed under the provisions of part v of the northern india canal and drainage act, 8 of 1873, and section 45 of this act provides that any sum, lawfully due under this part and certified by the divisional canal officer to be so due, shall be recovered by the collector from the person liable for the same, as if it were an arrear of ..... the non-payment not only does not always result in the non-payment but also is not contemplated by the northern india canal and drainage act itself to deprive the government of the dues because the government have been conferred ample powers to realise them forcibly. ..... -payment of such rates which have been prescribed under rules made under the northern india canal and drainage act, 1873, has not been made an offence. ..... every supply of canal water is deemed to be given at the rates and subject to the conditions prescribed by the rules made by the state government, (see section 31, northern india canal and drainage act, (1873) ..... shown that non-payment of the irrigation dues is not an offence under the northern india canal and drainage act; i doubt if it is even a breach of any provision in the act. ..... not paying any sum due under the act, or instigating its nonpayment, is not an offence under the northern india canal and drainage act. ..... it punishes certain acts such as damaging or obstructing canals, interfering with the supply of water, fouling water of a canal and destroying a level mark or water gate .....