Law:

Section:

Tawan---   Unauthorised irrigation---First offence of tampering with outlet---Total irrigation up-to-date less than authorised irrigation -Penalty reduced to twice crop rates.     ORDER   In this case, the Divisional Canal Officer imposed a total penalty of Rs. 7,000-12 (equivalent to six times the crop rates) for tampering with an outlet so as to increase the diameter of the opening from 9" to 10", and thus increasing the discharge from 3.19 to 3.45 cusecs. It appears that two appeals were lodged before the Deputy Commissioner one on behalf of Ali Muhammad etc., and the other on behalf of Rehmatullah etc. The former was rejected on 10-3-54. When the second one came up for consideration, the doubt was removed about the two cases being separate from each other and the Deputy Commissioner decided on 4-7-54, that the decision made on 10-3-54, would apply to the appeal of Rehmat Ullah etc., also. The decision of 10-3-54 left the amount intact but directed that the Tawan would be levied not from the Muhajirs but from the persons in possession.   The revision petition was heard by the Financial Commis sioner of the former Bahawalpur State and he decided on 25-11-54, that the Deputy Commissioner should decide the matter once again after giving full opportunity to the Muhajirs as well as the local tenants. The Deputy Commissioner passed his final order on 2-1-55, reducing the amount of the penalty to four times of the soil rates, leaving untouched his decision about the liability of the…