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MADAN LAL versus CHIEF CANAL OFFICER, BWSU, HARYANA IRRIG

High Court of Punjab and Haryana, Chandigarh

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Madan Lal v. Chief Canal Officer, BWSU, Haryana Irrig - CWP-1164-2006 [2006] RD-P&H 10585 (15 November 2006)

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

C.W.P. No. 1164 of 2006

Date of Decision: Nov. 21,2006

Madan Lal .................................... Petitioner Versus

Chief Canal Officer, BWSU, Haryana Irrigation Department, Panchkula and others ......................................... Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mrs. Justice Nirmal Yadav

Present: Ms. Divya Godara, Advocate

for the petitioner.

Mr. R.S.Kundu, Addl. A.G. Haryana with

Mr. S.K.Bishnoi, DAG, Haryana.

...

ASHUTOSH MOHUNTA, J. (Oral)

The petitioner prays that the impugned orders (Annexures P1, P2 and P4) be set aside and the area of the petitioner be kept as Commanded Canal Area (CCA).

A perusal of the impugned orders shows that the area has come under the Rori-Ghaggar-Drain and is considered as Gair Mumkin area. As a drain has been constructed in this area, therefore, there is no chance of irrigation in the area in question. Resultantly, the Canal Authorities have declared this area to be Uncommanded Canal Area (UCA).

Thus, in view of the fact that a drain has been constructed on the area, therefore, the area has rightly been declared as Uncommanded Canal Area. There is no infirmity in the impugned orders.

Dismissed.

( ASHUTOSH MOHUNTA )

JUDGE

21.11.2006 ( NIRMAL YADAV )

rupi JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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