Law:

Section:

Canal and Drainage Act (VIII of 1973)-------S. 68-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Water distribution---Entitlement---Change of Nakka (watercourse)---Water supply to petitioner's land prior to his purchase was from different Nakka through another square---Grievance of petitioner was that supply of water to his lands should be made through Nakka in dispute---Canal Authorities resolved the dispute under S.68-A of Canal and Drainage Act, 1973---Validity---Petitioner should use the land which was previously being used and if he on account of any change in level was deprived of original watercourse, he should apply to Canal Authorities for acquisition of land for establishment of new watercourse---Petitioner under no circumstances could ask to have the water supply through any of the land belonging to respondents---Neither the order passed by Canal Authorities could be set aside, which even otherwise had been challenged after a delay of eight years, nor petitioner could be given a right to use the land of respondents---Petition was dismissed in circumstances. Shamas-ud-Din v. Province of Punjab .through Secretary, Irrigation and Power, Lahore and 3 others PLD 1992 Lah. 370 and Abdul Qayyum and another v. Niaz Muhammad and another 1992 SCMR 613 fol. Ch. Hameed-ud-Din for Petitioner. Ch. Imdad Ali Khan and Ms. Seema Munawar, A.A.-G. for Respondents. Date of hearing: 21st February, 2007. JUDGMENT MIAN SAQIB NISAR, J.--The noted Writ Petition 1951 of 2006 and the connected Civil Revision No.378 of 2004 are being decided through this single judgment, as the dispute is between the same parties regarding the watercourse and Warabandi. 2. Brief facts as propounded in this constitutional petition are, that the petitioner is the owner of certain land situated in Square No.156 (described in the petition), which was being irrigated through Nakka No.120/15 in the land of the private respondents (the respondents), with the internal Khal/watercourse passing through their land from Killa Nos.14, 17 and 24 of Square No.120 and Killa Nos.4 and 7 of Square No.156. According to the petitioner, who is closely related to the respondents, that such…

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