MOOL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) A number of writ petitions have been filed challenging the legality of an order passed by the Government of Haryana on the basis of which the Superintending Engineers of different circles, in turn, gave directions to the Executive Engineers to immediately cut off the enhanced water supply previously sanctioned for being given to the gardens belonging to the various petitioners. The present judgment will dispose of four of these petitions, namely, Civil Writs Nos. 1762, 1763, 1950 and 2678 of 1970.

(2.) I will first take up Civil Writ No. 1950 of 1970. The allegations in this writ petition are that Mool Chand petitioner received irrigation to his lands from an outlet of Sunder distributary of the Western Jamuna Canal, Rohtak; that he was granted enhanced water supply under Rule 9 of the Rules for Extra Supply of Canal Water for Gardens and Orchards, 1946 (hereinafter referred to as 'the Rules'), and, as required under Rule 10, he executed an agreement in the form of Annexure 'A', that as required by the authorities he planted the garden within one year of the date when he was given the enhanced water supply and had maintained the same; and that under instructions of the State of Haryana, the Superintending Engineer directed the Deputy Collector to withdraw the enhanced supply during the month of April, 1970 and directions were also given for changing the Warabandi. It was further averred that this withdrawal of the enhanced water supply was without any justification and was in contravention of the Rules and the agreement between the parties, and that this withdrawal without any notice to the petitioner to show cause against the intended action contravened the rules of natural justice. Stay of the operation of the impugned order was granted during vacation and was continued up to date. The learned Advocate-General for the State of Haryana was specially asked to look into the case and argue the same personally before us. He also produced before us a copy of letter, dated 23rd of January, 1970, issued by the Financial Commissioner Revenue to the Superintending Engineers of all the four circles in the State of Haryana, namely, (i) Hissar Bhakra Canal Circle, Hissar, (ii) Western Jamuna Canal (West) Circle, Rohtak, (iii) Western Jamuna Canal (East) Circle, Delhi, and (iv) Ambala Bhakra Canal Circle, Chandigarh. This letter may be reproduced here below :-

(3.) In pursuance of this letter ultimately the Deputy Collector was directed to withdraw the enhanced water supply from the so-called bogus gardens or gardens not maintained properly. Paragraphs 5 and 6 of the return filed on behalf of the Divisional Canal Officer may be referred to at this stage, which read as follows :-