G.R. Majithia, J. - (1.) The unsuccessful plaintiffs have come up in second appeal against the judgment and decree of the first appellate Court affirming on appeal those of the trial judge whereby their suit for declaration and permanent injunction restraining the defendant/respondents from recovering any amount as costs of the lining, plus departmental charges was dismissed.
(2.) The facts: The plaintiffs, who are owners, of land comprised in rectangle No. 571-72, 550, 551, 594 and 595 sought a declaration and permanent injunction on the ground that this land was receiving irrigation through outlet R.S. No. 45000/- L Badhawar Distributory, Fatehabad Division; that defendant No. 2 purporting to be exercising the powers under Section 30-A to 30-F of the northern India Canal and Drainage Act (for short the Act) framed and published a scheme for the lining of the water- course in question; the lined water-course is in a vulnerable condition and the plaintiffs are not benefited by the scheme and recovery sought to be made is illegal.
(3.) The defendant/respondents denied the allegations made in the plaint and contended that the suit in the present form was not maintainable; that the scheme was framed and published. In accordance with the provisions of Section 30-A to 30-F of the Act and that the recovery was justified being in accordance with law.;