- (1.) Present writ petition is directed against the order dated 15.07.2015 (Annexure P-12), whereby the Chief Canal Officer, Haryana-respondent No.2 upholding the orders passed by the Superintending Canal Officer and Divisional Canal Officer, ordering conversion of land measuring 19.69 acres from Unculturable Command Area (UCA) into Culturable Command Area (CCA) and that too for a period of only two years, with a view to provide irrigation facility to the private respondent. Notice of motion was issued and pursuant thereto, separate written statements on behalf of official and private respondent have been filed.
(2.) Heard learned counsel for the parties at considerable length. Having gone through the record of the case including the impugned orders and giving thoughtful consideration to the rival contentions raised, this Court is of the considered opinion that the impugned orders passed by the respondent canal authorities are based on true facts of the case and have been passed strictly in accordance with law, because of which the same deserve to be upheld. Writ petition is without any merit, which is liable to be dismissed, for the following more than one reasons. It is a matter of record that the outlet RD 13280-L Gawar Minor was having a pucca water course, which was already having CCA of 744.46 acres.
(3.) The additional area sought to be converted from UCA to CCA was only 19.64 acres, which was only about 3% of the abovesaid area. In this view of the matter, keeping in view the capacity of the water course, no re-modeling of the same would be required, as rightly held by Chief Canal Officer. Further, Chief Canal Officer, while passing the impugned order, directed the Divisional Canal Officer to increase the size of the outlet, to accommodate the water required for the additional area of 19.64 acres, so that irrigation facility being availed by the petitioner may not get adversely affected. Having said that, this Court feels no hesitation to conclude that petitioner has no case either on facts or in law. The respondent canal authorities have examined, considered and appreciated all the relevant aspects of the matter, including the technical aspects thereof, before passing the impugned orders. The order passed by Chief Canal Officer is a self-contained and well-reasoned order, operative part whereof deserves to be noticed here and the same reads as under: - "The khaka plan, revenue missal and other relevant record produced in the court were examined. From the perusal of the khaka plan it is seen that 21.44 acres area from the existing chak and 16 acres area from outside the chak is proposed to be converted from the UCA to CCA. In the command statement attached with the case it has been mentioned that an area of 19.64 acres is higher by 8.41 feet to 11.79 feet from the FSL of the channel. The balance area is having high tibbas and undulated area and is not commandable. The contention of the applicant that the area is high and cannot be commanded is not acceptable as now a days modern technology is available through which the pumps can lift the water upto the desired level i.e. about 11-12 feet. The water course of outlet RD 13280-L Gawar Minor is pucca water course having CCA of 744.46 acres. If this additional area of about 19.64 acres is converted from UCA to CCA then the CCA will become 764.10 acres and the water required for this additional area can be run in the water course as the same will be within 10% of the capacity of the water course and therefore, remodeling of water course will not required. Therefore, 19.64 acres area bearing field Nos.174/2, 9, 1, 10, 12, 11, 19, 20, 21 & 22, 22/9, 10, 12 & 13, 223/3, 4, 5, 6, 7 & 15 of UCA is hereby converted to CCA for two years temporarily thus increasing the existing CCA to 764.10 acres. After completion of two years the respondent will submit an application to this office for conversion of 19.69 acres area from UCA to CCA permanently and this office will pass an appropriate order after seeking report from the Divisional Canal Officer, Divisional Canal Officer is directed to increase the size of the outlet to accommodate the water required for the additional area of 19.64 acres so that the rights of the existing shareholders are not infringed.";