Case Details

Citation(s)
1959 SLG 4198 = 1959 SLD 4198 = 1959 PLD 12
West Pakistan
Revision Side No. 32 of 1955-56, decided on 25th January 1957. District Bahawalpur.
Presented By: H. A. Majid

JAMAL-UD-DIN-Petitioner  

VERSUS

  THE STATE-Respondent

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

Section: 33

Northern India Canal and Drainage Act (VIII of 1873),   S. 33 ---Damage to outlet -Tawan-No proof that damage was caused by some person and that irrigators obtained undue advantage from illicit irrigation-Tawan remitted.     ORDER   In this case, I have to interfere because the Irrigation Branch have not shown why a Tawan should be levied even where the' information about the damage to the outlet was reported to the Irrigation authorities by some of the irrigators. The Sub-Divisional Officer reported to the Divisional Canal Officer that the irrigators played a trick by obtaining an undue advantage from illicit irrigation and then reporting the fact to the Overseer them selves. This is a thesis which cannot be easily accepted unless some tangible factors were available in support thereof.  …
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