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RAJA RAM versus STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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RAJA RAM v. STATE OF HARYANA - CWP-697-2004 [2006] RD-P&H 4790 (25 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CASE NO.: CWP No.697 of 2004

DATE OF DECISION: July 17, 2006

RAJA RAM ...PETITIONER

VERSUS

STATE OF HARYANA & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.
HON'BLE MRS. JUSTICE NIRMAL YADAV.

PRESENT: MR. AJAY SHARDA, ADVOCATE FOR THE PETITIONER.

MR. ASHISH KAPUR, ADDL.A.G., HARYANA.

MR. A.K. VERMA, ADVOCATE FOR RESPONDENT NOS.5 & 6.

ASHUTOSH MOHUNTA, J. (ORAL)

Respondent No.5. & 6 filed an application before the Divisional Canal Officer, wherein it was prayed that as they are unable to irrigate their lands properly because their lands are situated at a higher level, therefore a syphon be shifted back at 7 acres. The application was accepted by the Divisional Canal Officer vide Annexure P-2 and the appeal and revision filed by the present petitioner before Superintending Canal Officer and Chief Canal Officer have been dismissed.

A perusal of the impugned orders shows that respondent No.5 and 6 were unable to irrigate the lands properly and therefore, shifting has been done in the interest of better irrigation. The expenses for shifting are also to be borne by respondent No.5 & 6.

We find no infirmity in the impugned orders, Annexures P-4 and P-3. Accordingly the writ petition is dismissed. It is directed that after shifting the new syphon, the same should be linked with the existing water course from which the petitioner is getting irrigation.

(ASHUTOSH MOHUNTA)

JUDGE

July 17, 2006 (NIRMAL YADAV)

Gulati JUDGE


Copyright

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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