Nirmal Singh And ORS v. State Of Punjab And Others

CWP-6893-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP- 6893-2020 Date of Decision: November 30, 2023 Nirmal Singh and others ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.R.V.S.Chugh, Advocate for for the petitioners.

Ms.Akshita Chauhan, Deputy Advocate General, Punjab with Mr.Fiji Bansal, SDO Canal Talwandi Sabo, Mansa Canal and GW Division, WRD, Punjab.

........

RAJESH BHARDWAJ, J.(ORAL) Petitioners have approached this Court praying for issuance of direction to the respondents to immediately remove the illegal concrete blockages/structure of Bangi Rajwaha which has been wrongly and illegally raised by the people of villages Bagha and Tarkhanwala for their benefit of getting more canal Water and due to which very less quantity of Canal Water reaches the village Sekhu which is at the tail of Bangi Rajwaha. It is further prayed to issue directions to respondent No.2, i.e. Vigilance Department of Canal and Drainage Department, Punjab, to take action against the erring officials of Canal and Drainage Department, Mansa Division, I.B.Jawaharke with whose connivance, those illegal concrete blockages/structures have been raised by the people of those villages. After issuance of notice by this Court vide order dated 17.03.2020, reply has been filed on behalf of respondents No.1, 3 to 7. MEENU 2023.12.01 15:26 I attest to the accuracy and integrity of this order/judgment

CWP-6893-2020 -2As learned counsel for the petitioners has contended that bed bars have been illegally constructed and the same has prejudiced the petitioners, Mr.Fiji Bansal, SDO Canal Talwandi Sabo, Mansa, Canal and GW Division, WRD, Punjab, who has come present in Court, has submitted that second bed bar at RD 35480 was constructed illegally as the same is not sanctioned. He fairly submits that it could not be demolished so far due to law and order problem, however, the same would be demolished by 15.12.2023.

In view of the statement made before this Court by the Officer present in Court, the present petition is disposed of with a direction to the respondents/State to demolish the unauthorised bed bar, before 15.12.2023, as submitted before this Court. However, the petitioners would be at liberty to pursue their remedy in case any cause of action still survives. November 30, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.12.01 15:26 I attest to the accuracy and integrity of this order/judgment