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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJEEV KUMAR
Zamindars/Inhabitants of Chulichan Kargil through – Appellant
Versus
State of J&K through Commissioner/Secretary to Government Revenue Department, Civil Secretariat, Srinagar – Respondent
JUDGMENT :
1. The dispute in these three petitions pertains to the distribution of water for irrigation from the two Nallahs i.e., Nallah Attobar and Nallah Bomibar. For the sake of convenience, the facts of each petition are set out separately herein below:-
OWP No. 673/2013 & CPOWP No. 418/2013
2. This writ petition in the representative capacity has been filed by the Zamindars/Inhabitants of village Chulichan, Kargil, in which the petitioners are seeking a writ, order or direction in the nature of writ of mandamus, directing the respondents not to construct any field water channel on Nallah Attobar and Nallah Bomibar for irrigating village Sharchay or anywhere else. The direction is sought by the petitioner primarily on the ground that as per ‘Riwaji Aabpashi’ and in terms of provisions of Irrigation Act, the villagers of village Chulichan, Kargil, alone have a right to utilize the water of Nallah Attobar and Nallah Bomibar, for irrigation purposes and that no other village, in particular, village Sharchay can divert the water by constructing any field / water channel as that would minimize the flow of water irrigating the land of Inhabitants of village Chulichan.
3. The entire case
The Jammu and Kashmir Water Resources Act terminates all proprietary rights to water resources, vesting them in the Government, and mandates the Executive Engineer to regulate water usage.
The Superintending Irrigation Officer has the authority to modify or revise the order passed by the Divisional Irrigation Officer, and adherence to the statutory procedure and consideration of the in....
The omission of provisions regarding ownership rights over lands affected by river action was declared unconstitutional, violating property rights under Article 300A of the Constitution.
Fields of parties has been continuing for last 32 years, and thus, after lapse of such a long period, petitioner cannot raise any objection.
The allotment of land to the respondent companies was illegal and violative of the provisions of the Rajasthan Tenancy Act, 1955, and the Rules made thereunder.
before making the allotment the State Authorities were required to set apart the land for access to the lands of the khatedar tenants, their dhani and the public utilities and the entries
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