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Wednesday, March 17, 2010

Restoration of water course--Resolution of dispute

2010(1) LAW HERALD (P&H) 91
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice S.S. Saron
CWP No. 6440 of 2006
Pritpal Singh & Ors.
v.
Superintendent Canal Officer and Ors.
{Decided on 17/11/2009}
For the Petitioners: Mr. Vijay Sharma, Advocate.
Mr. H.S. Gill, DAG, Punjab.
For the Respondents No.3 to 5: Mr. Kuldip Sanwal, Advocate.
Northern India Canal and Drainage Act, 1873, S.30 FF--Restoration of water course--Resolution of dispute--Authorities directing restoration of the water course--High Court in exercise of its supervisory writ jurisdiction is not to substitute its decision--Respondent desirous to carry his tube well water from one side of their land to the other--Whether in any case underground laying of pipes would resolve the dispute between the parties--It would be just and expedient that the matter is reconsidered again by the Divisional Canal Officer--Matter remanded. (P. 6 & 7)

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