- (1.) The petitioners, who are residents of village Karampatti, Tehsil Malout, District Muktsar, have approached this Court through the present writ petition seeking quashing of the order dated 2.11.2006 (Annexure P-3) passed by the Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur, District Ferozepur whereby demolition of part of a water course has been ordered while reversing order dated 29.4.2003 passed by the Divisional Canal Officer.
(2.) The facts in brevity leading to the filing of the present writ petition are that through application dated 20.8.2002, respondent No.3 requested the Divisional Canal Officer, Abohar Canal Division, Canal Colony, Abohar, District Ferozepur for ordering demolition of water course situated in the area of Mustil No.54 in the area of village Patti Karam, Tehsil Malout, District Muktsar. According to him, the said water course was unauthorized and illegally constructed. He further submitted that he was suffering loss due to the illegal water course as he could not irrigate his land. He, therefore, requested the Divisional Canal Officer to order demolition of the unauthorized water course and further prayed that if any new warabandi is to be sanctioned through his land then the same may be done only after affording opportunity of hearing to him.
(3.) The application moved by respondent No.3 was taken up and considered by the Divisional Canal Officer under Section 30 FF of the Northern Indian Canal and Drainage Act 1873 (hereinafter referred to as "the 1873 Act"). The report of the concerned Ziledar as also the SDO, Muktsar was called for. These authorities, after investigation reported that if the water course in question is demolished then the irrigation of an area to the tune of 900 acres would be effected.;