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...........
Haryana Canal and Drainage Act, 1974, Section 17 -- Temporary watercourse, sanction of - Permissible - Jurisdiction to sanction permanent watercourse includes power to frame a Scheme for providing a temporary watercourse...........
Haryana Canal and Drainage Act, 1974, Section 17 -- Providing of under-ground watercourse - Not barred...........
Haryana Canal and Drainage Act, 1974, Section 24, 2(15) -- Watercourse which does not fall within definition in Section 2(15) - Outside scope of Section 24 - Restoration of dismantled watercourse - Sub Divisional Canal Officer can order restoration of dismantled watercourse only if water course : (i) sanctioned under the Act, or (ii) in existence under agreement, or (iii)..........
Northern India Canal and Drainage Act, 1873, Section 30A, 30B, 30C, 30D -- Sanction of water course after complying with provisions of Sections 30-A to 30-D - Objection that alternative water course in existence for the last 25/30 years - No bar to providing a new shorter water course...........
Northern India Canal and Drainage Act, 1873, Section 30A, 30B, 30C, 30D -- Spot levels of fields falling in the way of water course - A technical subject - Only measurement to be taken by Expert - Presence of parties - Not necessary...........
Northern India Canal and Drainage Act, 1873, Section 68(7) -- Scope of - Order passed by Superintending Engineer counter-signed by Executive Engineer and Sub Divisional Officer - Not covered by Section 68 - Bar contained in sub-section (7) of Section 68 - Not applicable - Order without jurisdiction because not passed by Deputy Collector - Jurisdiction of Civil Court - Not..........
Rules for Extra Supply of Canal Water for Gardens and Orchards, 1946, Rule 12(a) -- Scope of - Withdrawal of extra supply of water for orchard - 'Notice served for removal of defects in maintenance of garden within six months - Joint report made after two years of service of notice - Cannot be made basis for withdrawal of extra supply of water as joint report had to be..........
Northern India Canal and Drainage Act, 1873, Section 68 -- Authorises, only Deputy Collector to pass order - Anybody if aggrieved then appeal lies to Divisional Canal Officer and revision to Superintending Canal Officer - Once order passed by Superintending Engineer - No remedy left with aggrieved person under the Act - Order passed by Superintending Engineer..........
