Northern India Canal and Drainage Act, 1873, Section 33 -- Requires Special Collector to identify persons whose act or neglect led to misuse of water from canal and on whose land such water utilised - In case not possible to locate such persons - Penalty then to be imposed on all such persons whose lands covered by irrigation facilities provided by that canal in that..........
Haryana Canal and Drainage Act, 1974, Section 25, 17(2), 18, 19 -- Orders of Divisional Canal Officer and Chief Canal Officer challenged in Civil Court as without jurisdiction and not binding on the ground that so called Scheme not published in manner prescribed by Section 17(2) and no notice of implementation of Scheme issued as required by Section 19 - Notice issued to..........
Northern India Canal and Drainage Act, 1873, Section 68 -- Warabandi (turn of water), alteration in - Deputy Collector as a result of some sort of enquiry shifted turn of Warabandi - Divisional Canal Officer set aside order of Deputy Collector as neither nature of enquiry nor factum of same having been held established from record - Superintending Canal Officer "in the..........
Northern India Canal and Drainage Act, 1873, Section 20, 30A - - Land provided or demarcated during consolidation proceedings for being utilised as a water-course for irrigating lands of various landowners - Canal Authorities have nothing to do with providing area for the purpose - Action of Divisional Canal Officer in asking subordinate authorities to dig up water-course..........
Northern India Canal and Drainage Rules, 1878, Rule 79D -- Service of notice on a major male member of family - Good service in the eye of law...........
Northern India Canal and Drainage Act, 1873, Section 68 -- Change of Waribandi - Merely on the basis of affidavit filed by petitioner before Divisional Canal Officer - Not justified...........
Northern India Canal and Drainage Act, 1873, Section 30D(4) -- Determination of market value of land acquired for implementation of Scheme - Divisional Canal Officer under Section 30-4(D) primarily to play role of a Land Acquisition Court - Proceedings before Divisional Canal Officer in the nature of judicial proceedings - Order of Divisional Canal Officer must meet tests..........
Haryana Canal and Drainage Rules, 1976 -- Rule 119 - Application for re-hearing by C & B (respondents in earlier order) along with three other right-holders - Chief Canal Officer on re-hearing clarified the position by giving directions regarding lining of water-course vis-a-vis sanctioned water-course and branch water-course - Not a case of review...........
Northern India Canal and Drainage Act, 1873, Section 30FF -- Demolition of watercourse - Watercourse neither sanctioned by law, nor by agreement nor right acquired by easement - To all intents and purposes unauthorised watercourse - No wrong committed by person through whose lands such watercourse running in demolishing it - Damages cannot be claimed for demolition of a..........
Northern India Canal and Drainage Act, 1873, Section 4, 30A - - Power to appoint Officers - Executive and not legislative - Notification under Section 4 cannot confer powers retrospectively - Divisional Engineer passed orders under the Act when not invested with powers of Divisional Canal Officer - Order ultra vires - Government later on by notification invested powers of..........
