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Sunday, 2 October 2011

Northern India Canal & Drainage Act, 1873 (8 of 1873)

Section 23,30-A, 30-B, 30-C – Change of outlet -- Authorities found that better irrigation cannot be provided to the added land of the petitioners if the area is transferred -- Claim of the petitioners has been found to be not in the interest of better irrigation, and rather, if allowed, it would adversely effect the irrigation of land of other share holders of chak -- No jurisdictional error can be traced in the orders. Adeshvir Singh & another v. State of Punjab & others, 2011(1) L.A.R. 240 (P&H).
Section 23,30-A, 30-B, 30-C – Constitution of India, Article 26,227 -- Change of outlet – Writ jurisdiction -- Ordinarily the authorities under the Act are best persons to assess the irrigation prospects and other circumvening circumstances before passing an order – Orders need to be interfered with only if the order is found to be arbitrary, perverse, without jurisdiction or passed for malafide reasons. Adeshvir Singh & another v. State of Punjab & others, 2011(1) L.A.R. 240 (P&H). 

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