Please Log in / Register to access the full text of this judgment and the entire database
(2026) Law Today Live Doc. Id. 21467 = 2026:PHHC:134594
Decided on: 18.09.2026
Present:
Mr. K.S.Sidhu, Advocate with Ms. Kirandeep Kaur, Advocate for the petitioner.
Mr. H.P.S.Ishar, Addl. A.G., Punjab.
Mr. S.K.Bakolia, Advocate for respondents No.3 to 5.
***
Canal watercourse -- Irrigation -- Petitioner cannot impose conditions on watercourse granted by canal authorities.
***
Northern India Canal and Drainage Act, 1873 (8 of 1873), Section 30A -- Watercourse -- Irrigation -- Petitioner objected to the watercourse and offered an alternate route subject to construction through underground water pipes -- Held, once the canal authorities found the watercourse necessary for proper irrigation of the private respondents' land, petitioner could not impose such conditions -- Canal authorities rightly granted the watercourse -- No interference warranted -- Writ petition dismissed.
(Paras 2 & 3)
***
PANKAJ JAIN, J. (ORAL) --
CM-14925-CWP-2026
This is an application for bringing on record the LRs of Inder Singh-petitioner who is stated to have unfortunately expired on 30.06.2026. The application is supported by an affidavit and death certificate.
In view of the averments made in the application, the same is allowed subject to all just exceptions. Persons mentioned in para No.3 of the application are impleaded as LRs of the deceased-petitioner. Amended memo of parties is taken on record.
Registry is directed to tag the amended memo of parties at an appropriate place.
CWP-18935-2016
1. On 11.11.2025, this Court passed the following order :-
“During the course of hearing, learned counsel for the parties are ad idem that the matter can be amicably settled by extending the already existing water course along the Killa line bifurcating Khasra Nos.588 and 589 up to the corner of Killa Nos.581 and 589 (Point ‘C’ in Annexure P-3); from where the water course will turn towards the downward side along the Killa line, bifurcating Killa Nos.581 and 589, up to the corner of Killa No.590 (Point ‘D’ in Annexure P-3). From the said corner of Killa No.590, i.e. Point ‘D’, the water course would be extended further to the point where Killa Nos. 590 and 591 meet.
Accordingly, the matter is referred to the learned Divisional Canal Officer, Faridkot, to work out the modalities of settlement in terms of the aforesaid broad consensus arrived at between the parties and to submit a concrete proposal for the provisioning of the said alternate water course. It is clarified that the aforesaid provisioning is made only to prevent the land of the petitioner from being bifurcated into two parts.
Parties are directed to appear before the learned Divisional Canal Officer, Faridkot, on 01.12.2025.
List this matter on 15.12.2025, awaiting the report from the learned Divisional Canal Officer, Faridkot.”
2. Annexure R-1 is on record, according to which the petitioner objects to the watercourse running from B-C but is ready to provide one from C-D, however, subject to the condition that it should run through underground water pipes. In the considered opinion of this Court, once the authorities have found that the watercourse is required for the proper irrigation of the land belonging to the private respondents, the petitioner cannot be allowed to put conditions.
3. In view thereof, this Court finds that the canal authorities have rightly granted the watercourse to the private respondents, and there is no room for interference in the present writ petition. Accordingly, the present writ petition is dismissed.
Petition dismissed.
********