Law: Canal and Drainage Act, 1873

Section: 20(a)

Law: Specific Relief Act, 1877

Section: 42

Canal and Drainage Act (VIII of 1873)--- ----S. 20(a)---Specific Relief Act (I of 1877), S.42---Plaintiffs filed suit for declaration on the ground that notification issued by authorities under Canal and Drainage Act, 1873, without prior notice before enhancing quantum of water supply from existing outlet, was illegal---One of the defendants contested suit---Trial Court decreed suit of the plaintiffs---Appellate Court on appeal, allowed the same and set aside the and decree of Trial Court---Contention raised by plaintiffs was that under S.20(a) of the Canal and Drainage Act, 1873, it was mandatory upon the authorities to issue notice before allowing water through existing outlet---Validity---Divisional Canal Officer was obliged to issue notice to the parties who ultimately were affected by any change whether by enhancing or by reduction of water in the canal---High Court allowed revision petition by setting aside and decree of Appellate Court and remanded the matter to Divisional Canal Officer who after issuance of notice to all parties concerned should hear and decide matter after taking into consideration the contentions and record. 1994 CLC 921; 2002 SCMR 1466; 1993 SCMR 1960; 2003 YLR 1445; 2006 MLD 1349; 2007 YLR 2179; 2003 YLR 1231; 2007 YLR 1485; 1987 SCMR 769 and NLR 1983 Revenue 98 ref. 2002 SCMR 1466 and 2003 YLR 1445 rel. THIS JUDGMENT DELIVERED BY: MIAN SHAHID IQBAL, JUSTICE:---.--- This revision petition is directed against the judgment and decree dated 4-2-2003 whereby appeal tiled by the respondents was accepted with the result that suit decreed in favour of petitioner No.2 was dismissed. 2. Brief facts of the case are that petitioners impugned notification dated 28-2-1988 through a suit for declaration filed on 2-4-1988 that impugned notification issued by respondent No.3 without prior notice before enhancing quantum of water supply from existing Outlet No.53800-L, Jakkar distributor lower' Gugera. Respondents were served in the suit, only respondent No.1 filed written statement in which averments of the plaint were denied, it was alleged that it was not mandatory to issue notice before issuing the said notification dated 28-2-1988. The reasons…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492