Northern India Canal and Drainage Act, 1873, Section 30B(3) -- Challenge that order of Superintending Canal Officer not a speaking order inasmuch as it did not specifically meet and repel all the reasons set out by Divisional Canal Officer- Order well reasoned setting out ample grounds in justification for the conclusion arrived at - Cannot be styled as no, speaking order...........
Northern India Canal and Drainage Rules, 1878, Rule 33A -- Detailed and proper enquiry to identify persons through whose act or neglect use of water from canal occurred - Essential - Persons cannot be subjected to penalty or special charges either individually or jointly unless detailed enquiry and report thereon by competent authority - Necessary to come to a view that..........
Northern India Canal and Drainage Act, 1873, Section 30A - - Application for providing water-course as existing water-course demolished - Divisional Canal Officer published two alternate Schemes and invited objections whereafter sanctioned one water-course, upheld by Superintending Canal Officer - Objection that as a part of existing watercourse demolished, Divisional..........
Northern India Canal and Drainage Act, 1873, Section 30B(3) -- Appeal-Stay of order appealed against - Interim order condition not obeyed - Superintending Canal Officer not absolved to dispose of appeal on merits - Dismissal of appeal as interim, order not obeyed - Not proper - Superintending Canal Officer cannot abandon his functions as Appellate Officer to decide appeal..........
Northern India Canal and Drainage Act, 1873, Section 20 -- Shifting of land from one outlet to another - Divisional Canal Officer after considering objections of all interested parties and spot inspection ordered transfer of land from the existing outlet as land situated on both sides of Railway Line and land on otherside of Railway Line remained unirrigated there being no..........
Northern India Canal and Drainage Act, 1873, Section 33 -- Imposition of penalty for cut in Canal - Essential pre-requisite - Detailed and proper enquiry - Penalty or special charges either individually or jointly - Cannot be imposed unless detailed enquiry and report by competent authority - Necessary to hold detailed and proper enquiry to identify person(s) with whose..........
Northern India Canal and Drainage Act, 1873, Section 30B(3) -- Review-Superintending Canal Officer has no power to review his earlier orders - Order of Divisional Canal Officer confirmed by Superintending Canal Officer - Subsequent order of Superintending Canal Officer - Amounts to review - Illegal...........
Northern India Canal and Drainage Act, 1873, Section 20, 30A, 30B, 30C -- Dismantling of a Fall in a Canal - Channel which is a Canal maintained at the cost of State Government - Does not fall within meaning of term 'water-course' - Provisions of Sections 20, 30-A, 30-B and 30 C - Not applicable...........
Northern India Canal and Drainage Act, 1873, Section 20, 30A, 30B, 30C -- Fall to be constructed in Canal - Channel which is a Canal belonging to Government and maintained at State expense and structure sought to be raised therein at State expense - Do not fall within meaning of watercourse - None of the provisions of Sections 20, 30-A, 30-B and 30-C applicable...........
Northern India Canal and Drainage Act, 1873, Section 20, 30A, 30B, 30C -- Cover questions and problems arising from or of watercourses - Watercourse not maintained at State expense - Provisions of Sections 20, 30-A, 30-B and 30-C applicable - Canal maintained at State expense - Not covered by provisions of Sections 20, 30-A, 30-B and 30-C...........
