Ram Kumar Nain v. State Of Haryana And Others

2.1 "I have gone through the complete proceedings of this appeal case initiated by both the courts below. It has been observed that the major portion of the area of the existing outlet at RD-4600/L Kaloda Sub Minor is being irrigated at site through the lined water course AB which runs straight from the proposed site of outlet at RD 5000-L Kaloda Sub Minor. Moreover, the F.S.L. of the lined water course at RD 4600-L and FSL at proposed RD 5000-L Kaloda Sub Minor are almost identical. So, the head of the existing outlet has been rightly shifted from RD 4600-L to RD 5000-L Kaloda Sub Minor by the Superintending Canal Officer, BWS Circle, Kaithal in the interest of better irrigation. The majority of the

shareholders of the existing outlet at RD 4600-L Kaloda Sub Minor has made request to shift the head of their existing outlet from RD 4600-L to RD 5000-L Kaloda Sub Minor except only one shareholder i.e. appellant. So, the objection of the appellant against shifting the head of existing outlet from RD 4600-L to RD 5000-L Kaloda Sub Minor is baseless. In view of the facts as explained above, I find no cogent reason to disturb the decision dated 11.11.2024 given by the Superintending Canal Officer, BWS Circle, Kaithal. Hence, the appeal of the appellants is hereby rejected and the decision dated 11.11.2024 given by the SCO, BWS Circle, Kaithal is hereby upheld. The decision be conveyed to all concerned accordingly."

3.

he learned Divisional Canal Officer, Narwana, vide order dated 30.09.2024 (Annexure P-3), accepted the demand of Sh. Ram Partap and others by allowing the shifting of the head of Outlet from RD 4600/L to RD 5000/L, Kaloda Sub Minor, by observing as under:- "I have heard the arguments of the applicants as well as of the respondents, who came present in the court at the time of hearing of this case. Khaka plan and other relevant record place before the court has been perused. It has been observed that the outlet at RD 4600/L Kaloda Sub Minor has been fixed on the common line of rectangle/Quila No.7//7-14 and the 2 band exist in the line water course at point A and 2nd at point B which create hindrance in the smooth flow of canal water. However, in case, the outlet is fixed on the common line of rectangle No.4 - 7, the lined water course would run straight and the flow of canal water will be proper. The FSL at the exiting site as well

as at proposed site of outlet are almost identical and in case, the head of outlet is allowed to be shifted from RD 4600/L to RD 5000/L Kaloda Sub Minor, there would be no adverse affect on the irrigation of the area of anyone of the shareholder of the outlet.

So, in view of the facts as explained above, the demand of the applicants to shift the head of their outlet from RD 4600/L to RD 5000/L Kaloda Sub Minor is quite genuine. As a scheme is published hereby approved in the interest of better irrigation. The decision of this case, however, will be subject to the confirmation by what the Superintending Canal Officer, BWS Circle, Kaithal. The decision be conveyed to all concerned accordingly.

The position of existing and proposed RD of outlet will be as under:- B-FORM Sd/- Divisional Canal Officer Narwana W/S Division, Narwana No.52 Rev case/24 Dated: 30.09.2024 "

A perusal of the above extracted order reveals that the prayer of Sh. Ram Partap and others for shifting of the head of the outlet from RD 4600/L to RD 5000/L of Kaloda Sub Minor was allowed on the following grounds:- (i) That the outlet at RD 4600/L of Kaloda Sub Minor is situated on the common line of Rectangle/Quila No.7//7-14, and that the 2 band exist in the line watercourse, one at point 'A' and

another at point 'B', which create hindrance in the smooth flow of canal water.

(ii) In case, the outlet is fixed on the common line of Rectangle No.4-7, the lined watercourse would run straight and the flow of canal water will be proper.

(iii) The FSL at the existing site as well as at the proposed site of the outlet is almost identical.

(iv) In case, the head of the outlet is shifted from RD 4600/L to RD 5000/L of Kaloda Sub Minor, there would be no adverse effect on the irrigation of the land of any of the shareholders of the outlet.

7.

That apart, the objection raised by the petitioner that shifting of the head of the outlet from RD 4600/L to RD 5000/L of Kaloda Sub Minor would result in a reverse slope, thereby adversely affecting irrigation of their land, has been duly considered and rejected by the learned Superintending Canal Officer. It has been observed that there is no difference in the FSL of the existing and the proposed sites, and that the entire chak is adequately commanded from the proposed outlet at RD 5000/L of Kaloda Sub Minor. It has further been observed that the majority of the shareholders are in favour of shifting the head of the outlet from RD 4600/L to RD 5000/L of Kaloda Sub Minor. The learned Superintending Canal Officer has, thus, found the objections raised by the petitioner to be baseless.

11.

Keeping in view the above discussion, I find no merit in the instant writ petition and the same is, accordingly, dismissed. 12.

All the pending application(s), if any, shall also stand closed.