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

Section: 33

Northern India Canal and Drainage Act (VIII of 1873),   S. 33---No proof that irrigation was done through unauthorised means---Penalty remitted.  ORDER   In this case, the file of the Irrigation Department is not traceable and has probably been lost.   The allegation is that the irrigators of this out let irrigated as much as 70 acres of land in one night by obtaining un authorised supplies in the minor by opening the gate at the head of the minor. The Divisional Canal Officer and the Deputy Commissioner have both omitted to say whether there were any outlets in the minor higher than the outlet in question or whether there was any illegal irrigation through such higher outlets also. Their orders are also silent on the point whether the unauthorised supplies drawn in the minor were also available to the lower outlets. I cannot imagine that the irrigators who are before me should force the water into the minor than close every higher outlet and place an obstruction in the minor just below their outlet so that all the water-supplies drawn into the minor get used…