Please Log in / Register to access the full text of this judgment and the entire database
(2026) Law Today Live Doc. Id. 21468 = 2026:PHHC:133232
Decided on: 16.09.2026
Present:
Mr. S.P.S.Tinna, Advocate for the petitioner.
Mr. Harpreet Singh, Asst.A.G, Punjab.
***
Bhaichara watercourse -- Dismantled – Restoration -- Existence and restoration of watercourse within exclusive domain of Canal Authorities.
***
Northern India Canal and Drainage Act, 1873 (8 of 1873), Section 2(15) -- Bhaichara watercourse -- Restoration of dismantled watercourse -- Notification dated 12.05.2023 recognizes bhaichara watercourse as sanctioned watercourse for all intents and purposes -- Existence and restoration of watercourse is a question within exclusive domain of Canal Authorities -- Concurrent findings regarding existence and dismantling of watercourse not shown to be perverse -- No interference warranted -- Writ petition dismissed.
(Paras 2-6)
***
PANKAJ JAIN, J. (ORAL) –
1. By way of the present writ petition, the petitioners pray for issuance of a writ in the nature of Certiorari, for quashing the impugned order dated 07.08.2026 (Annexure P-6) passed by respondent No.1 and order dated 09.07.2026 (Annexure P-4) passed by respondent No.2.
2. Learned counsel for the petitioner submits that the turn of water of respondent is sanctioned at Serial No.64 and he takes water from nakka sanctioned at 196M/24-201M/5. Thus, the findings recorded by the Canal Authority with respect to the existence of water course is erroneous.
3. Learned State counsel, on instructions, submits that from point ‘Y’ upto ‘G’, there is bhaichara water course. He relies upon Notification dated 12.05.2023 to submit that bhaichara water course is also to be treated as sanctioned water course for all intents and purposes and the procedure of Warabandi duly notified by the Department of Water Resources from time to time shall also be applicable to these water courses.
4. Learned State counsel submits that unlined water course having been dismantled by the petitioner at points ‘C- D’ and ‘E-F’ has been rightly restored by the Canal Authorities.
5. Whole case of the petitioner is that dismantled water course being not a sanctioned water course, would not fall within the ambit of Section 2(15) of Northern India Canal and Drainage Act, 1873 and thus should not have been ordered to be restored. Notification dated 12.05.2023 recognizes even ‘bhaichara’ watercourse. No challenge has been raised to the same. Pure finding of fact has been recorded regarding existence of watercourse and dismantling thereof.
6. In the considered opinion of this Court, the issue with respect to existence of water course and restoration after dismantling, is purely within exclusive domain of Canal Authorities. There being no perversity in findings recorded by the Canal Authorities, this Court finds no reason to interfere in the present writ petition and the same is ordered to be dismissed.
7. All miscellaneous application(s), if any, pending before this Court, stand disposed off.
Petition dismissed.
********