Law:

Section:

Canal and Drainage Act (VIII of 1873)... ----Ss. 68 & 68-A---Constitution of Pakistan (1973), Art. 199---Demolished watercourse---Divisional Canal Officer alone, in terms of S. 68-A, Canal and Drainage Act, 1873, was competent to order restoration of dismantled water­course during pendency of main application under S. 68, Canal and Drainage Act, 1873---Different course for the dismantled watercourse could neither be chalked out nor resorted to in purported exercise of such power so as to connect lands of aggrieved party with irrigation facilities---Authorities while ordering restoration of watercourse, should have adopted the same route as that of dismantled watercourse---Order of Authority directing watercourse to be constructed through a different route was without lawful authority and of no legal effect---Direction in the nature of writ was issued to Authority to restore the dismantled watercourse which ran through specific Khasra numbers. JUDGMENT The parties are related inter se and are locked in litigation with each other with regard to agricultural lands. The petitioners filed an application under section 68 of the Canal and Drainage Act before SDCO that due to partition of the lands between the parties, a: dispute had arisen between the shareholders and the petitioners were unable to smoothly irrigate their land so a fresh Warabandi be sanctioned. During the pendency of the application, respondents, Nos.2 and 3 allegedly dismantled the watercourse, leading to the lands of the petitioners in second week of October, 1993, located in Khasra Nos. 42, 4/5, 7/6, 14/15, 17/16, 24/25, 57, 4/5 and 7/6. Feeling aggrieved, the petitioners moved an application under section 68-A of the Canal and Drainage Act to the DCO on 10-2-1993 who forwarded the same to the subordinate officials for report. In the meantime due to the intervention of the (sic) and source of irrigation was restored. With a view to protect their rights the petitioners filed a suit for permanent injunction in which initially temporary injunction was granted but later on the stay application was dismissed by the learned trial Court. The petitioners filed an appeal which was entrusted to the…

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