Alterations to align with an approved irrigation distribution system do not require State approval under Rule 11(2) of the Rajasthan Irrigation and Drainage Rules, 1955.

JUDGMENT :

1. Heard.

2. With the consent of learned counsel for the parties, this appeal is being finally decided today.

3. This appeal is directed against the impugned order dated 07.10.2024 passed by the learned Single Judge whereby, a bunch of writ petitions led by S.B. Civil Writ Petition No.16135/2024, filed by the petitioners, was dismissed.

4. The factual matrix of the case leading to the impugned order and this appeal are that in the year 2017, a new canal “FTG Minor” was constructed between the outlets Nos.10 to 40 of the main canal Shyam Singh Wala (‘SSW’) comprising 45 outlets. The P-Form qua the new canal “FTG Minor” was prepared in the year 2017 itself and as per the said P-Form, the canal was constructed and the outlets were provided.

5. The appellants-petitioners are those who were beneficiaries of supply of water to the outlets which were opened at that point of time.

6. However, certain complaints were made by another set of agriculturists of Chak 6-FTG complaining that they were not receiving water supply as per the total CCA of the Chak. It is further borne out from the record of the case that on such complaints received, the fourth respondent namely the Executive Engineer, Water Resources, Division-II, Hanumangarh, ordered the Assistant Engineer to make an enquiry in that regard and submit a report. On petitioners own showing, a report dated 20.12.2023 was submitted by the Assistant Engineer to the fourth respondent which was in turn sent to third respondent namely the Superintending Engineer, Water Resources Circle, Hanumangarh. Vide letter dated 11.03.2024, it was decided to change the size of the outlet of Chak 1-6 FTG. Acting upon the report of the Assistant Engineer, the size of the outlets were altered and it resulted in amendment in the size of the outlet. A letter to the Assistant Engineer was issued on 11.03.2024 along with letter dated 20.12.2023. The same was forwarded on 03.04.2024 by the third respondent to the second respondent namely the Chief Engineer, Water Resources (North), Hanumangarh. Finally vide impugned order dated 20.05.2024, second respondent gave its sanction.

7. The aforesaid proceedings towards amendment in the size of the outlet and order dated 20.05.2024 came to be challenged at the instance of the petitioner by filing the writ petition.

8. The reply of the respondents in sum and substance was that the operation of the existing outlet was only a temporary measure. The stand taken in the reply was that though the scheme was finalized in the year 2017, construction of lines were not completed and a temporary arrangement continued which was not in accord with the sanctioned scheme of distribution of water to the main canal as per approved new Fatehgarh Minor. Upon receipt of report from the Assistant Engineer, having found that the existing outlets were not in accord with the approved scheme of distribution, change in the size of outlet was proposed which was finally approved and sanctioned by the competent authority vide its order dated 20.05.2024.

9. Two main submissions were raised before the learned Single Judge to assail the correctness and validity of the order dated 20.05.2024. The first ground taken was that any change in the size of the outlet amounts to variation or amendment in the supply system and therefore, the same mandatorily required prior permission of the State Government as mandated under Rule 11 (2) of the Rajasthan Irrigation and Drainage Rules, 1955 [‘hereinafter referred to as the Rules of 1955’]. The second name of submission was that in any case if there was any change proposed, it required an opportunity of hearing to be afforded to all the petitioners and those agriculturists who were in receipt of the benefit of the existing outlets since 2017.

10. The learned Single Judge rejected both the contentions. According to the learned Single Judge, since the