Law:

Section:

(a) Canal and Drainage Act (VIII of 1873), S. 33 read with Canal and Drainage Rules, rr. 32 & 33-Special leave to appeal-­Granted to consider point whether levy of special charges by Canal Authorities was legally maintainable (b) Canal and Drainage Act (VIII of 1873), S. 33 [as substituted by Canal and Drainage (Punjab Amendment) Ordinance (XV111 of 1971)] read with S. 75 and Canal and Drainage Rules, rr. 33 & 33-Persons found taking unauthorised water from canal or a water course of canal-Held, liable for levy of special charges. Rana Muhammad Sarwar, Advocate Supreme Court instructed by Abid Nawaz Abid, Advocate-on-Record for Appellant. Nazir Ahmad Khan; Advocate Supreme Court instructed by Rao Muhammad Yusuf, Advocate-on-Record .for Respondents. Date of hearing: 3rd November 1971. JUDGMENT SAJJAD AHMAD, J.-On a surprise inspection of the Ladhewal minor at 11-30 a. m. on the 30th September 1964, the Divisional Canal Officer, Khanwah Division, detected at the site of the outlet R D-11843-R that a rubber syphon 6" in size and about 15 ft. long was fixed at the aforesaid minor for pumping unauthorised supply of water from the minor into the water-course of the outlet. It was also found that the rubber syphon belonged to the appellant, Jamil Dad Khan, and that he was to have his turn of wari from the outlet at that hour of the day. The Divisional Canal Officer took hold of the syphon, and also directed his Overseer and the S. D. O., to record the statements of Muhammad Yar and Ismail, who were present at the time of the inspection. A tawan case was framed against the appel­lant, whereupon special charges were levied against him equal to six times the crop rate in respect of cultivated and six times the occupier's rate in respect of uncultivated areas, in addition to the ordinary charges under sections 31 to 33 of the Canal and Drainage Act (hereinafter described as `the Act,) and rules 32 and 33 framed under the Act. The total amount of special charges was worked out at Rs. 3,891.18. The appellant preferred an appeal to the Additional Com­missioner, Revenue, Multan, which was rejected on the 5th of July 1966. Thereafter, he filed a writ petition in 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