Kishore Chand and Ors. v. Superintending Canal Officer and Ors.
Case brief
What is this about?
Punjab irrigation appeal: change of water outlet from RD 49565/L to RD 47592/R for land measuring 12.9 acres; canal authorities' duty to determine appropriate outlet; interference only if due process not followed and prejudice caused to another farmer; appellants showed no prejudice; learned Single Judge had upheld authorities' order; no perversity pointed out; appeal dismissed; pending applications disposed; coram Vikas Suri; High Court, Chandigarh.
What did the court decide?
Determining the appropriate water outlet from which the land of a particular farmer can be effectively irrigated is a duty cast upon the canal authorities; once a request for change of water outlet is allowed after following due process, it can be interfered with only if the envisaged process was not followed and it causes prejudice to another farmer. ¶7