IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27822-2024 (O/M)

Date of decision : 20.02.2025 Ram Kumar ...... Petitioner Versus State of Haryana and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. P.S. Jammu, Advocate for the petitioner.

Ms. Upasana Dhawan, AAG Haryana.

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HARSH BUNGER, J . (ORAL)

1. Prayer in the instant civil writ petition filed under Article 226/227 of Constitution of India is for issuance of a writ in the nature of mandamus for directing respondents to construct watercourse 'CGA' as neither katcha nor pucca watercourse has been constructed at the spot especially when the respondents undertook to construct the watercourse 'CGA', vide order dated 26.04.2018 (Annexure P-2), passed by this Court in LPA-1020-2017, the relevant extracts of which read as under :-

“ Much facts in detail are not required to be recorded. The dispute pertains to a sanctioned watercourse. Initially, the watercourse, as shown in the plan produced in court today and marked as 'ABDEGA' was the watercourse sanctioned by the Divisional Canal Officer. However, before the Superintending Canal Officer, an alternate was ordered, which is now shown in the plan as 'AECDA'.

Learned counsel for the appellants submitted that the proposed watercourse is bifurcating the land of the appellants, where a school has been constructed from the place marked as 'CBA'.

To resolve the issue, on 18.1.2018, parties sought time.

Now an alternate has been suggested, which is shown in the plan as 'CGF' as against 'CGA', which will take the watercourse through one side of the school of the appellants.

Both the parties are agreed that the aforesaid watercourse be treated as the sanctioned watercourse as against the earlier sanctioned watercourse.

In view of the above consent of the parties, it is directed that the aforesaid watercourse from the place, agreed as 'CGA', will be constructed by the State. Whatever amount is required for construction of the watercourse, the same shall be deposited by the appellants with the State within a period of one week after the estimate is provided to them. After the aforesaid amount is deposited by the appellants, the State shall construct the watercourse within a period of one month thereafter. It is further directed that mutation of the land now to be utilised for construction of the watercourse shall be entered in the name of the State.

The appeal stands disposed of accordingly.”

2. It transpires that earlier the petitioner preferred a contempt petition bearing COCP-879-2022 alleging non compliance of the order dated 26.04.2018 (Annexure P-2), wherein a short reply by the Executive Engineer, Fatehabad, was submitted, the relevant extracts of which read as under :-

“2. That the above said COCP came up for on dated 19.01.2024 before this Hon'ble High Court and the Hon'ble court was pleased to pass the following orders “Counsel for the respondents seeks some more time to produce the record, showing that the water-course in question was actually constructed by the respondents and also to produce the record qua labour work, engagement of labour and payment of money to the said labourers or to contractor, for digging up the said water-course.

3. That it is humby submitted that in the compliance of the order dated 26.04.2018 passed by Hon'ble Punjab and Haryana High Court, initially, the then Sub Divisional Officer, Bhattu Water Services Sub Division Bhattu had prepared an estimate of pucca water course on dated 06.06.2018 amounting to Rs. 3,71,734/- which was sent to the Appellant of LPA No. 1020 of 2017, i.e. Ram Partap and another, to deposit the amount. In reply thereof, they had submitted an application to the effect that a re-estimate may be prepared taking objection to the pucca water course and said that they have agreed for replacing the Kacha Water Course i.e. CBA with Kacha Water Course CGA only by providing land for the same. Accordingly, new estimate for construction of Kacha water cour