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Parkash Singh Vs. State of Punjab

Court : Punjab and Haryana

Reported in : (1995)109PLR613

..... further, according to section 31 of northern india canal and drainage act, 1873, unauthorised use of canal water is not an offence and at the most enhanced charges can be made against the ..... (sc) 1246 that unauthorised use of canal water is not an 'offence' and imposition of enhanced water charges under rules 32 and 33 of the pepsu sirhind canal rules is not a penalty for such ..... the learned counsel for the parties, i am of the view that the petition deserves to be allowed and the fir has to be quashed on the short ground that unauthorised use of canal water cannot be said to be an offence, it has been held by the supreme court in 1962 a.i.r. ..... 221 of 1994 in which heirs of sher singh have been restrained from dispossessing dalip singh illegally and forcibly from the land except in due course of law vide order dated 12th april, 1994 of sub-judge 1st class ..... of dalip singh, sukhwinder singh, s/o parkash singh, pala singh s/o parkash singh, jats r/o village kakhanwali on the rajwah leads to kaddu khera from village kakhanwali were irrigating their fields illegally from the canal after fixing pipe unauthorisedly mixing the water with their ..... it has further been held that enhanced water charges can be made that may be prescribed by ..... consequently, the petition stands allowed and the fir annexure p-2 and all subsequent proceedings thereon shall ..... part of the land which was declared surplus was allotted by the competent authority to dalip singh, father of the petitioner who came in possession of .....

“on 23.12.2009 Written Statements and Oral Arguments of the Vs. Gurb ...

Court : Punjab and Haryana

..... 1995 passed under section 20 of northern india canal and drainage act 8 of 1873 and punjab amendment act 23 of 1965, true translated copy of which is annexed herewith as annexure r-1, the divisional canal officer, harike division, canal colony, ferozepur, made proposal/scheme for sanction of chak bandi of village gurditti wala, which included the watercours.in question at outlet no.4700/r rajbaha sodhi nagar, having gross area 57 acre and cultivable command area 57 acre (amended as gross area 70 acre and cultivable command area 70 acre) along ..... is dismissed u/s30f of the northern india canal and drainage act 8 of 1873. ..... with other outlets, subject to approval by the superintending canal engineer, ferozepur and accordingly, said proposal was forwarded before the superintending canal engineer, ferozepur by the divisional canal officer vide officer letter no.1546/reader, dated 13.11.1995 and the superintendent canal engineer, ferozepur vide order bearing memo no.281/41-r, dated ..... written statement filed, it was specifically stated that as per warabandi (turn of water) fixed by the canal authorities, watercours.starting from outlet no.4700/r, was running at the spot. ..... orders.on request made by the appellant, part of watercourse, shown as 'a-b' in the site plan, which has been demolished by respondents no.1 and 2, was restored. .....

Moola Singh Vs. Surendra Singh and ors.

Court : Allahabad

Reported in : AIR1960All656; 1960CriLJ1388

..... ' in case (d) chief justice malik held that:'in the absence of any order under section 20 or section 21 of the northern india canal and drainage act, whether a particular channel is or is not a water-course is a question of fact and the decision of that question would depend upon the decision of the question whether the water-channel is recognised as such by the people of the locality. ..... 265 in village chapperh and irrigated the appellant's field and they thus committed an offence punishable under section 70(1) of the northern india canal and drainage act (act no. ..... the weight of judicial pronouncements--to which we would like to add our own--is thus uniformly in favour of the respondent's contention that unless the appellant can prove that he had acquired a right to the user of the water-course in question, he can have no legitimate grievance if the respondents who are the owners of the land over which it flows deal with it in any manner they like. ..... the complainant had not acquired any right to occupy any part of the land which was needed for the water-course. ..... 'in case (c) a learned single judge of this court held that:'a person may acquire a right to occupy a part of the land of another person, which may be needed for a water-course either by a private arrangement or through the canal officer. .....

Chandi Ram and ors. Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : AIR1975P& H343

..... 4 on lands included in an irrigation scheme; (c) 'canal' includes- (i) all parts of a river, stream, lake or a natural collection of water or natural drainage channel to which the provisions of part ii of the northern india canal and drainage act, 1873 (viii of 1873) apply; (ii) all canals, channels, reservoirs, wells, tubewells and lift irrigation arrangements constructed, maintained or controlled by the government for the supply or storage of water; (iii) all works, embankments, structures, supply and escape channels connected with such canals, channels, reservoirs, wells, tubewells or lift irrigation arrangements ..... during which the said liability has to be discharged; (f) 'irrigation scheme' means any such scheme as is referred to in section 3; (h) 'prescribed' means prescribed by rules made under this act; (j) the expressions 'canal officer' and 'divisional canal officer' have the meanings respectively assigned to them in the northern india canal and drainage act, 1873 (viii of 1873); (j) 'matured area' means such area of land included in the irrigation scheme, which is subiect to payment of occupiers rate under section 36 of the northern india canal and drainage act, 1873 (act no. ..... have also submitted that the amounts of occupier's rate and owner's rate recovered under sections 36, 37 and 38 6f the northern indie canal and drainage act, 1873, should have been counted towards the amount recoverable from the petitioners and other landowners on account of betterment charges. .....

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 land revenue. ..... 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) ). ..... the non-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. ..... incitement to 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. ..... i have 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. ..... therefore, not paying any sum due under the act, or instigating its nonpayment, is not an offence under the northern india canal and drainage act. .....

Devi Singh and ors. Vs. Haryana State and ors.

Court : Punjab and Haryana

Reported in : AIR1975P& H125

..... the provisions of the northern india canal and drainage act would apply when the government wishes to execute some drainage works and the entire cost or at least part of it is to be recovered from the owners of the land, who would ..... pond of sacred temple of bhagwati devi in village-chitana, which is venerated by the residents of that village and the neighbouring villages, and the drain, when dug, would flow the dirty water of the pond of village-karawri into the aforesaid pond of the temple and thereby contaminate its water and this would pose a major hazard to the peace and danger of communal riots and result into trouble and widespread unrest. ..... averments of the petitioners that there is temple of bhagwati devi in village-chitana or that the water of the pond of karawri is unhealthy or dirty because of throwing of bones of animals in it, or that the flow of water from the said pond into the pond of village-chitana would pollute the same. ..... counsel for the petitioners, that there is temple of bhagwati devi, that the pond of village-chitana is venerated or that the said water would be polluted by flow of water through the drain from the pond of village-karawri, are beside the point and do not affect the acquisition of the land.9. ..... the facts that there is temple of bhagwati devi in village-chitana, that the water of the pond of village-karawri is dirty or that flow of the same through the drain into the pond of karawri would pollute the pond of village-chitana, were controverted by .....

Darshan Singh Vs. Superintending Canal Officer and ors.

Court : Punjab and Haryana

Reported in : (1993)105PLR604

..... 4 and 5 filed an application before the deputy collector under section 68 of the northern india canal and drainage act, 1873 for shifting their turn of water to account no. ..... therefore, the appeal is accepted under section 68(6) of the northern indian canal and drainage act, 8 of 1973 and his turn is shifted from khata no. ..... his nakka for taking water is fixed at 20 karams from 1648-49 for giving water 1626-1642 and the order of the divisional canal officer, faridkot canal division faridkot and dated 29th july, 1992 is hereby set aside.'5. ..... aggrieved, balbir singh filed an application to the divisional canal officer faridkot for the restoration of the demolished water course which was allowed by the divisional canal officer vide his order dated 17th july, 1991. ..... after hearing the learned counsel for the parties, we are of the considered view that superintending canal officer while allowing the appeal of respondent gurpiar singh has simply ignored the facts which stood proved on the records of the case. ..... the operative part of the order has been reproduced above and the same manifests that the appellate authority did not apply its mind to the facts of the case. ..... the operative part of the order runs thus:-'on 19th january, 1993 the file was re-examined and the undersigned came to the conclusion that the demand of the appellant was in the interest of better irrigation and no loss occasions to the opposite party. .....

Executive Engineer, Yavatmal Medium Project Division and anr. Vs. Anan ...

Court : Mumbai

Reported in : 1998(4)ALLMR201; (1998)IILLJ77Bom; 1998(3)MhLj897

..... the facts noted in that case were that the irrigation department of the erstwhile punjab state was discharging the state's obligation related to under the northern india canal and drainage act, 1873. ..... dealing with the first contention, the counsel on behalf of the petitioners contended that the state of maharashtra has enacted maharashtra irrigation act, 1976 with an object to provide charging water rates on lands under the irrigable command of canals and for matters connected therewith. ..... the administration report of the year 1981-1982 of the public works department, irrigation branch, the apex court reproduced a part of the report which showed that the work of the department was to provide water supply for the sustenance and development of agriculture in the state covered by canal command. ..... principles of state policy enjoin on the state diverse duties under part iv of the constitution and the performance of the duties are constitutional functions. ..... in that case the apex court was confronted with the issue as to whether all welfare activities would be part of regal functions and as such would be excluded from the definition of industry. ..... one of the duties of the state is to provide telecommunication service to the general public and an amenity, and so is one essential part of the sovereign functions of the state as a welfare state. ..... court, however, held that it was obligatory on the part of the petitioners to prove that work had indeed come to an end and the same was not available. .....

Joginder Singh and ors. Vs. the Financial Commissioner, Revenue and or ...

Court : Punjab and Haryana

Reported in : (2003)133PLR734

..... 's case (supra) was rendered in a case which arose from the proceedings under the northern india canal and drainage act, 1973. ..... to the deputy commissioner, ferozepore to deal with the land in question as after the dissolution of the punjab bhudan yagna board vide notification dated 5.11.1982, the deputy commissioner is only authorised to exercise and perform the duties, powers and functions of the punjab bhudan yagna board; so that he can take necessary action for completing the needful requirements regarding the donation papers as per section 17 of the bhudan ..... the contention of learned counsel for the petitioners that this part of the order is actually a remand of the case pertaining to mutation, is misconceived, thus, i find no force even in this contention of learned counsel ..... the then chief minister rather than to the board, the board has not observed any part of the procedure laid down, the board has not observed any part of the procedure laid down in the provisions of the budan act for accepting the gift and then getting it mutated by a revenue officer. ..... , raised by the petitioners, the ac 1st grade recorded the following findings: 'i have considered over the matter and find that the procedure laid down in section 17 ibid was, no doubt, not followed by sardarni chanan kaur for donating her land to the bhudan board but, in my view, this was only a technical omission on the part of her advisers. ..... 3 to 5, who were cultivators on some part of the land, supported the claim made by .....

Badri Prasad and ors. Vs. State

Court : Allahabad

Reported in : AIR1953All494

..... 14, northern india canal and drainage act, provides:'any canal officer or other person acting under the general or special order of a canal officer, may enter, upon any land, building, or watercourse on account of which any water-rate is chargeable, for the purpose of inspecting or regulating the use of the water, supplied and of doing all things necessary for the proper regulation and management of such canal. ..... 'regulation of the supply of canal water by keeping the guls and kulabas at their proper place is obviously a public duty under the act and manohar lal, while discharging this duty, cannot be held to be a public ..... under orders from radha mohan canal overseer, canal mate manohar lal went to rasulpur village with some labourers, and when he was trying to remove the gul and place it again at its old position, the petitioners surrounded him and threatened to prevent him by show of ..... was held to be a public servant within the meaning of section 353, penal code and persons, guilty of assaulting him while he was engaged in distributing water from an irrigation channel were held liable to be convicted under that section. ..... the full scope of the duties of a canal mate is not clear, but we may take it that it was his duty to carry out the orders of his official superiors and in that capacity to assist the canal overseer in the performance of public duties of his ..... it cannot be disputed that a canal mate is employed by the government and receives a salary for the performance of certain .....