S. Chakravarthy, Member
(1.) WE are called on to adjudicate on the maintainability of this enquiry besides the application of the five interveners filed in this Commission. Before the issues in question for adjudication are listed, it is desirable to narrate briefly the facts of the main enquiry.
(2.) Shri Gir Prasad has moved this Commission with a complaint petition under Section 10(a)(i) of the Monopolies and Restrictive Trade Practices Act, 1969, alleging that the respondents, namely, the Government of Uttar Pradesh (Secretary, Irrigation Department), the Executive Engineer, Matt Branch Division, Ganga Canal and the Deputy Revenue Officer-I, Matt Branch Division, Ganga Canal, have indulged in certain restrictive trade practices within the meaning of Section 2(o)(ii) of the Act. The complainant owns certain lands in Dayanatpur village, Bulandshahr District, covered by irrigation through Matt Branch Division, Ganga Canal of the Jewar reservoir. He owns 1.640 hectares. Out of his holding, land measuring 0.615 hectares (7 bighas approximately) falling under chak No. 410 has been getting irrigation supply from channel No. 61 of Jewar reservoir for which the complainant has been paying consideration fixed by the respondents from time to time. Similarly, other owners of agricultural land falling in different chak numbers measuring about 405 bighas of land were also getting irrigation supply from the same channel No. 61.
On account of shortage of irrigation water, the respondents formed, an additional channel No. 61B in addition to the existing channel No. 61. After the additional channel was formed, land measuring about 117 bighas falling under chak Nos. 438 and 439 were attached to it. The remaining land, namely, 405 bighas minus 117 bighas 285 bighas, continued to be served by channel No. 61.
(3.) ANOTHER set of lands measuring about 225 bighas of land was being served from a new channel 61A since about 15 years ago. To summarise the above details, the following table may be read :