Law: Northern India Canal and Drainage Act (VIII of 1873)

Section: 33

  Northern India Canal and Drainage Act (VIII of 1873),   S. 33---Penalty-Actual benefit received by irrigators from interference with outlet not known---Penalty reduced in revision.     ORDER   This is a case in which a novel device is reported to have been employed for increasing the petitioners' supply of water. A temporary outlet in the form of a pipe had been fixed for them and the opening of the outlet had been reduced to 8" diameter with the use of necessary materials. The equipment reducing the diameter from 12" to 8" was such that it was of a permanent character. The irrigators are supposed to have broken this equipment and devised a moveable socket which could be inserted in the 12" pipe or taken out of it at will. Such a socket was found in the outlet on 15-9-53 jointly by the Overseer and the Zilledar. The size of the outlet with the moveable socket was only 7 ".   It is clear that the outlet was not intended to run with this moveable socket in it. The real game must have been to remove this socket and let the water run through the 12" pipe without any obstruction. The socket would be inserted at odd times whenever there was a risk of the outlet being checked by the Irrigation people.   The irrigation carried out in Kharif 1953 on this outlet was 171'86 acres and the Divisional Canal Officer decided on 25-3-54 to impose a penalty equivalent…