Northern India Canal and Drainage Act, 1873, Section 30B -- Bifurcation and alignment of water-course - Opportunity to liaise objections - Share-holders not being supplied any water from the particular water-course (outlet) - Cannot raise any objection at the time of bifurcation of that wafer-course...........
Northern India Canal and Drainage Act, 1873, Section 33, 35 -- Northern India Canal and Drainage Rules, Rules 32 and 33 - Penalty imposed by Canal Authorities for wrongful user of water by causing breach in canal - Suit for setting aside order imposing penalty - Governed by Article 14 and not by residuary Article 120 of Limitation Act, 1908 as Canal Authorities had..........
Rules for Extra Supply of Canal Water for Gardens and Orchards, Rule for - - Withdrawal of enhanced supply of water to garden - Notice to owner mentioned in revenue record - Essential - Partition of joint family land - Mutation effected and land covered by garden shown in ownership of petitioner in Jamabandi - Withdrawal of enhanced water supply without notice to..........
Northern India Canal and Drainage Act, 1873, Section 30A -- Transfer of area from one outlet to another - Land culturable commanded area - Section 30-A applicable...........
Northern India Canal and Drainage Act, 1873, Section 20 -- Supply of canal water allowed through existing water-course - Sanction by Divisional Canal Officer confirmed by Superintending Canal Officer - Determination of cost and payment of his share by applicant - Nothing to do with order sanctioning use - Order sanctioning use must precede determination of costs - Duty of..........
Northern India Canal and Drainage Act, 1873, Section 30FF -- Restoration of dismantled water-course - Application lies only to Divisional Canal Officer and not to Sub Divisional Canal Officer...........
Northern India Canal and Drainage Act, 1873, Section 35(4) -- Suo motu revisional powers of Financial Commissioner - Scope of - Where a party brings to his notice any illegality committed in imposing special rate - Filing of revision petition by aggrieved party - -No bar to Financial Commissioner taking suo motu notice of illegalities committed in imposing tawan.
With..........
Northern India Canal and Drainage Act, 1873, Section 33 -- Mandatory - Imposition of special rate for unauthorised use of water - Condition precedent - Finding by Collector on basis of summary enquiry under Rule 33-A that person by whose act or neglect such unauthorised use had occurred could not be identified - No finding given by Collector before imposing special rate -..........
Northern India Canal and Drainage Act, 1873, Section 35(4) -- Imposition of tawan - Revision time-barred - Collector or Commissioner if acted contrary to law or beyond their competence - Financial Commissioner not barred from taking suo motu notice of illegalities or irregularities.
The only reasonable interpretation of Section 35(4) of the Northern India Canal and..........
Northern India Canal and Drainage Act, 1873, Section 35(4) -- Financial Commissioner's powers of suo motu revision - Not limited to cases where orders have to be revised in the interests of the State.
From a plain reading of Section 35(4) of the Northern India Canal and Drainage Act there is no justification for the interpretation that the Financial Commissioner's..........
