Punjab-Haryana High Court
Jasmer Singh And Others vs State Of Haryana And Others on 3 November, 2023
CWP-9395-2023 -1-
Neutral Citation No. 2023:PHHC:140306
111
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-9395-2023
Date of Decision: November 03, 2023
Jasmer Singh and others
......Petitioners
Versus
State of Haryana and others
......Respondents
CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ
Present: Mr.Ashwani Bakshi, Advocate
for the petitioners.
Ms.Upasana Dhawan, AAG, Haryana with
Mr.Ashok Kumar Bansal, SDO, Irrigation.
........
RAJESH BHARDWAJ, J.(ORAL)
Petitioners have approached this Court praying for issuance of
directions to the respondents to provide passage/access to their fields from
Meham-Beri road by constructing a bridge/pulia over the drain. It is further
prayed to quash the condition laid at Sr.No.3 in the letter/reply, dated
08.10.2015, Annexure P-8, under the RTI Act, 2005 to the effect that the
farmers may provide land free of cost to the department or the land for path
is under consolidation.
Learned counsel for the petitioners has contended that there is
no sanctioned path for the petitioners provided by the respondents/State for
entering into their fields.
Reply by way of affidavit of Ram Niwas, Executive Engineer,
Rohtak Water Services Division, Rohtak, filed by respondents/State on
behalf of respondent No.3 is taken on record. The relevant para of the
MEENU
2023.11.08 12:51
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integrity of this
order/judgment
Neutral Citation No. 2023:PHHC:140306
affidavit reads thus:
"That the petitioners are demanding exclusive passage and
pulli for their exclusive use which is not tenable and
acceptable at any stretch of arguments. Such kind of demand
will give edge to further demands of other farmers for the
same relief. The purpose of Meham Drain which is to carry
the flood water will solely be forfeited, if pullis are built up at
the whim and desire of land owners. It endangers the main
purpose of Meham Drain, moreover a common path which is
the embankment of Meham Drain is always available for the
un-obstacle movement of petitioners as well as other land
owners of the area. The department has never ever agitated
the movement of petitioners and other land owners on the
embankment of Meham Drain and give assurance to this
Hon'ble Court that the movement of petitioners and other
land owners will also not agitated any further. However it is
always expected from the beneficiaries that they may
maintain the sanctity of the embankment by not making
erosion in the structural foundation of Meham Drain."
From the above it is clear that the embankment of Meham drain
is available for the movement of the petitioners as well as other land
owners/farmers as the department has ordered not to prevent the said
movement. As stated by Mr.Ram Niwas, Executive Engineer, Rohtak Water
Services Division, Rohtak, in the affidavit that purpose of Meham drain is
to carry the flood water, which will be defeated in case pullis are built
thereon and other farmers will also raise the same demand. Thus, prayer of
the petitioners in this regard cannot be accepted.
In view of the contentions made in the affidavit, the present
petition is disposed of. The petitioners and other farmers are allowed to use
the embankment to access their fields subject to maintaining its sanctity.
MEENU
2023.11.08 12:51
I attest to the accuracy and
integrity of this
order/judgment
Neutral Citation No. 2023:PHHC:140306
At this stage, it has come to the notice of the Court that in the
last order, dated 18.10.2023, inadvertently, the attendance of Ms.Akshita
Chauhan, Deputy Advocate General, Punjab, has been marked instead of
Ms.Upasana Dhawan, AAG, Haryana. The same be read as Ms.Upasana
Dhawan, AAG, Haryana.
November 03, 2023 ( RAJESH BHARDWAJ )
meenuss JUDGE
1. Whether speaking/reasoned ? Yes/No
2. Whether reportable ? Yes/No
MEENU
2023.11.08 12:51
I attest to the accuracy and
integrity of this
order/judgment
