Northern India Canal and Drainage Act, 1873, Section 30B -- Order passed on the basis of consent - Challenge that no such statement made - Statement of respondent recorded but statement of petitioner not recorded - Shows that petitioner did not agree...........
Northern India Canal and Drainage Act, 1873, Section 30B(2) -- Word "modify" - Not defined - Means to make fractional or partial changes - Words and Phrases...........
Northern India Canal and Drainage Act, 1873, Section 30B(2), 30A -- Earlier watercourse provided alignment which goes from West to East - Sanctioned alignment proceeds from North to South - By no stretch of imagination can be said to be partial alteration in alignment - Appears to be a totally different alignment - Illegal - Order liable to be set aside...........
Northern India Canal and Drainage Act, 1873, Section 68 -- Warabandi - Contesting parties agreed to arrangement as fixed by Deputy Collector - Appeal against agreed order - Not competent - Divisional Canal Officer cannot upset agreed order of Deputy Collector...........
Northern India Canal and Drainage Act, 1873, Section 68 -- Turn of Water - Order in consonance with Rules in regard to turn of water mentioned in Para 8 Appendix E of Revenue Mannual of Irrigation Branch P.W.D. Punjab - Not liable to be upset...........
Northern India Canal and Drainage Act, 1873, Section 30B(3) -- Speaking order - Necessary - Superintending Canal Officer disposed of revision saying : "The decision announced by the D.C.O. is technically sound and is upheld" - Order a non-speaking and perfunctory - Quashed...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Sanction of new water-course (Khal)-Objection that High Court not to substitute its own views on merits of the case in a matter which is within sole discretion of authorities named under the Act - Legislature conferred on Canal Authorities power to decide matters within their domain not only legally and..........
Northern India Canal and Drainage Act, 1873, Section 28 -- Construction of Khal - Canal Authorities can enter upon land (upon which watercourse i. e. Khal is to be constructed) only after due compensation is paid to the landowner whose land is acquired - View that payment of compensation was a matter to be decided later and it is open to Canal Authorities to order taking..........
Northern India Canal and Drainage Act, 1873, Section 68 -- Construction of Khal ordered in proceedings u/S.68 relating to warabandi - Illegal...........
Haryana Canal and Drainage Act, 1974, Section 20 -- Order passed by Chief Canal Officer - Must be a speaking order - Reasons must be given for the findings - Chief Canal Officer passed the order without giving reasons for his findings - Illegal - Quashed - Constitution of India, 1950, Article 226...........
