Northern India Canal and Drainage Act, 1873, Section 3(1) -- Choe Manauliwala-Not a rainy Choe-A tributary of Dhikansu Band maintained and controlled by State Government vide Notification dated 17.5.1973-Falls within definition of `Canal' in Section 3(1)(a)-Utilisation of water from Choe Manauliwala-Assessed under Northern India Canal and Drainage Rules, Rule 28...........
Northern India Canal and Drainage Act, 1873, Section 68, Constitution of India, 1950, Article 226 -- Challenge to consent order - Order made on the basis of non existing consent - Cannot be sustained - Challenge to order of Superintending Canal Officer passed in revision under Section 68 of Northern India Canal and Drainage Act, purportedly based on consent of parties, on..........
Haryana Canal and Drainage Act, 1974, Section 24, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction restraining defendants from digging any Khal in pursuance of order of Divisional Canal Officer - Plea of defendants that Khal existed at the spot for the last many years, watercourse provided by agreement between the..........
Haryana Canal and Drainage Act, 1974, Section 24 -- Temporary water - Course (Khal) dismantled, restoration of - Even a temporary water-course can be restored under the Act...........
Northern India Canal and Drainage Act, 1873, Section 30A -- Framing of Scheme - Divisional Canal Officer parsed Scheme after having sought approval of Draft Scheme from. Superintending Canal Officer and Chief Engineer - Illegal - Divisional Canal Officer caused affectation to his quasi-judicial function - No Officer on the original side can seek approval of his proposed..........
Northern India Canal and Drainage Act, 1873, Section 30G -- Jurisdiction of Civil Court not barred when order sought to be challenged on the ground of lack of jurisdiction or no, observance of principles of natural justice - Availability of remedy of appeal and revision against impugned order under the Act - Does not bar plaintiff to avail of remedy of suit- For person..........
Northern India Canal and Drainage Act, 1873, Section 30A, 30B, 30C -- Additional Nakka - Notice and hearing to persons affected - Necessary even if additional Nakka could be provided under Scheme already approved...........
Haryana Canal and Drainage Act, 1974, Section 25 -- Suit to restrain defendants from digging any part of plaintiffs land to make a Khal (drain) - Order passed under the Act after notices served on all persons by Canal Authorities - Civil suit not competent in view of Section 25 - Order can be assailed by filing appeal and revision as provided by statute - Civil Procedure..........
Haryana Canal and Drainage Act, 1974, Section 24 -- Restoration of dismantled watercourse - Opportunity of hearing to person through whose land watercourse sought to be restored - Necessary - Plea that since petitioner not found to have demolished watercourse therefore no notice required to be served on him - Not tenable - Petitioner will have to be afforded opportunity of..........
Haryana Canal and Drainage Act, 1974, Section 20(2) -- Order of Chief Canal Officer did not take note of rival contentions of parties nor discuss the same so as to find out which contention meritorious - Non-speaking order - Quashed...........
