 It's always a pleasure connecting for the purposes of sharing the knowledge. And amongst us today we have Honourable Mr. Justice Paramjeet Singh, he is presently presiding over the Punjab State Consumers Registration Commission and he has been a former judge of Punjab. And today we are having a session on Northern India Canal and Drainage Act 1873. Since Justice Paramjeet Singh has been presently presiding over the Punjab State Consumers Registration Commission as the President, we have had varied sessions on the consumer perspective law and those have gone very well. And since he's an expert on the land laws and the topic of today in respect of Northern India Canal and Drainage Act coupled with the other revenue aspects, we thought we should have also some sessions in perspective of the revenue law. Consequently when we requested him and as usual because of his magnanimity to accept his participation for the purposes of knowledge sharing has always been well received not only on this platform but other platforms. People feel that the knowledge which he shares gives a deep in size and precise suggestions and the legal journey. We all know that while we discuss about the Northern India Canal and Drainage Act, the canal and the drainage work are the important perspectives within this act and it's quite a technical subject for the purposes of understanding the nuances for this aspect and the lawyers down in the districts have these different aspects which ultimately culminate into the reputations and supreme court if need be. Therefore as to how the proceedings are before these proceedings and how they culminate eventually and what is the legal journey. On these all aspects, Honourable Mr. Justice, Paramjit Singh would be sharing his knowledge. Thank you for accepting our invite, over to you, sir. Thank you. Good evening to all of you, all the participants specifically to be cast. I can never refuse him whenever he asked me to deliver lecture on some topic. Whatever knowledge I have I want to share with my colleagues I will say that within four to five months I will be also on your side as one of the advocates. I may be submitting, I will be doing most likely my office in end of July. So today we will start with the canal, Northern India Canal and Drainage Act which is applicable to the state of Punjab, state of Haryana, wherever these canal irrigation system is existing. First of all we would like to understand the terminology for which the irrigation is done. For every irrigable which is to be irrigated area, area is identified. One is known as command total area where the water is to be supplied. This must be minimum 300 acres for a check. This is prescribed under the rules out of which the cultural command area where actual irrigation is done, it must be 300. There are two things, CCA which you know then the terminology used is CCA, cultural command area and uncommand area where the irrigation is not possible may be due to the higher level of the fields or for other reason no water course is existing there. So we will talk of the cultural command area. Command statement is prepared where it is specifically mentioned that this area is cultural commandable and the irrigation is to be done to this area. Irrigation system in Punjab and Haryana is there are major Sarhanda canal, Pakhda canal from which the irrigation is done. The main supply line are known as canals. There after further smaller canals which are also known as in the local angle is the Rajabahas. There after the water courses. In every canal there is a outlet which is known as in Punjabi, Hindi Moga. After Moga does it depend upon the area to be irrigated what will be the size of the Moga. And at which level it will be there it will be fixed keeping in view the level of the fields. There after when it goes to the water courses then there are nakas from which point it is to be distributed to the fields there are nakas are fixed in water courses you know we call as Khaal water course. How these nakas are fixed firstly we will have the total chak area then we will determine the total flow of water from a particular outlet for a particular Moga. There after we will divide how much per acre per minute or 6 minutes are required 10 minutes are required it will depend upon the flow of the water at that particular point. In that the actually discharge from the major main canal to the water course. What is the level of discharge on that basis irrigation is determined that it will take 6 minutes or 10 minutes for a acre to be irrigated accordingly total cultural command area is taken into consideration there after the time period is given for each of the acre as per the then the turn of waters are fixed. Can we the turn of water when they are fixed this is known as Vara Bandhi. Vara Bandhi is fixed by the dipty collector the field surveys are done by the junior engineers Gurdawars there after the turns are fixed. How the turns are fixed the turns are fixed from taking the first point that is the takeoff point down the stream from the upper side it comes to downward then there is a possibility that at some point because against when the water course is carved out generally on both sides of the water course there are fields when we fix the Naka we fix the Naka keeping in view the convenience for a particular shareholder in that very Chuck say I am having a 20 acre land then Naka whichever is convenient to me I will suggest that from this point I can irrigate my land properly and Naka is fixed in concentration with the shareholders then Naka's are given to everybody right side or left side of the water course both sides it depends upon the field which it exists which side it exists then question comes what will happen to the fields which comes at the end of the water course we will have to look into this aspect also you which is very relevant and must understand when the water comes at the mouth of a moga that the outlet the field at that very point has a maximum water pressure and the irrigation of those field is very quick because discharge is flow flow is much more when it goes to the 300 acre lands it's slowly slowly it's decreases at the end field there is a very slow process that is known as Naka Naka is when the last person will come the water level water flow will be much less whatever water is left in the water course the entire water course to that person Naka means residue water course water left in the water course residue water will be availed by the person who is at the end of the field it will determine on the basis of the Naka sometime there is a dispute with regard to the fixing of Nakaal also because sometime peoples are at the end they are similarly situated otherwise and we will have to determine as per the revenue required where the fields exist for that reason you will have to be very careful how the field arrangement is there where the Naka is fixed all these things are to be taken care first come first survey the basic principle for fixing the Naka because first come first serve means it depends upon the fields when the whole fields are coming first firstly right side then left side then right side left side alternatively in this manner the Naka are fixed there is a question regarding the Bara Vandhi we have perennial canals which continue throughout the year hence there are two systems there is a one appendix e attached to the Northern India canal and drainage act which is create which is the notification by Punjab government where this pattern is specifically mentioned how the terms are to be fixed class 8 of the appendix e defines how the terms are to be fixed it is specifically mentioned we can look into this in two ways one is seven day period then the term at the morning and evenings by rotation comes every every Monday or Tuesday on the it will come on the same day on this at the same time then there is another method it should be 10 days in section 68 of the Northern India canal and drainage act the terms are fixed the terms are in Punjab and Haryana are fixed on seven day basis every seven days the turn is fixed this is more convenient and everybody knows that his turn will come on particular day at particular time there is no change in time this turns are fixed like this if you look into that then you will have to find out sometime the line which are coinciding they are same at the same level well I mean when the fields are at the same level then which one should get if the since the it is upstream to downstream then then whatever is coming on the right side it will get the first term thereafter left side this is the principle which they have said this this turns are to be very relevant now we will come to the war existence of water courses section 30 F section 30 of the Northern India canal and drainage act specifically refers to the water courses how they exist even temporary the Punjab government has made an amendment that even temporary water course will be treated as a water course once the water course is passed to a field then it will continue you cannot demolish it this is the law this is what very much harsha in fact sometime with in the brotherhood the permission is granted then they take it for granted that the water course should be there but the remedy is available with the owner of the land that he can ask that if they want the permanent water course they should acquire the land pay the compensation that it will be paid under section 30 D thereafter permanent water courses should be established this is this is regarding the Baravandi then then comes the issue regarding the transferring of the area from one outlet to another outlet or if you are having a land at a place and also at B place sometime but the people do that they say that we will not irrigate this field but what turn should be fixed in the another another area transfer area is also transferred because the reason is if a person having a small holding he is not in a position to irrigate his entire land at both the places if ship if he shifts the turns to other places he is in a position to irrigate that very area that is most relevant for those people who have a small holdings they consolidate their turn at that point of time say in a field I am having four acres and my turn of 24 minutes at the other field I am having a seven acre and the my turn is 42 minutes 42 minutes I irrigate my that area 24 will not irrigate my this area at a so I will lift my turn and go to B point by getting this 24 minutes added to that so that there may be a proper irrigation this is the commonly used method in Punjab this is this is a very small topic and only very technical in the real sense I have already explained once about the how the the arrangement of the field is there I will just show that the arrangement of fields for a particular rectangle rectangle I just draw it and perhaps you will be able to consider it and it will be visible to you here is a line this is a rectangle consisting of 25 acres of land 1 2 3 4 1 2 3 4 how the arrangement is there it start from 1 1 2 3 4 5 then below 5 6 7 8 9 10 below 10 will be 11 12 13 14 15 below 15 16 17 18 19 20 below 20 21 22 23 24 25 it means you start with this and this in this manner the fields are arranged on the basis of this your terms are fixed these are based on the rectangles your total holding is considered then the time period is fixed for that any anyone want to explanation any question by any of the audience I can answer for clarification Mr. Mr. Vikas so we will take it at the end if somebody wants to ask all right then then there is a question of fixing the outlets total total command area of the whole village is taken into consideration firstly we have to look into the how much area of a village can be irrigated that is known as cultural command area on that basis the we would have to look say that this canal main canal is passing through this village then keeping in view the total holding of the village which is a command which is a cultural command then knuckas are fixed that outlets are fixed in the canal at particular distance from where the major water courses are drawn then the small water courses are drawn which are known as brunt water courses on that basis you are getting the irrigation this is the same this is the only system in our irrigation system there is not much complicated only few chapters and you are master of this subject I think there is not much more in this case anyone any have any question I can answer Mr. Vikas I think that it's quite self-explanatory and as you said that it's a small small topic only yes and that's why Varavandi are particular individuals and out fixing of outlets I can only say that and then I will say now the procedure I will ask who can do that so far as the fixing of Varavandi is concerned it is done by the DPT collector against the order of the DPT collector appeal lies to the DCO against the DCO order of DCO it goes to the superintendent canal officer so far as the fixing of the outlet is concerned there is a specific procedure for that for that the publication is made that this much is the total area for this very area the outlets is being fixed it is within the preview of the DCO divisional canal officer they fix the outlet against that order appeal lies to the SCO and the RIT thereafter in Haryana it is the SDO then DCO against the SCO there is a provision for the engineer in chief for that purposes also they can there is a some Haryana irrigation act this is the only procedure shareholder has right to object to the fixing of the outlet because they will have there before fixing the outlet junior engineer take the total command area against each field he will mention the level from that very canal at what level that area falls of that particular field on that basis the outlets are fixed in the main canals this is this is the this much is the only topic any question by any person no as such questions are not there but while pleading I would say since as we had discussed this is not a topic which goes pan India what should be kept in mind while drafting the claim before the DC and then the DCO appeal what specific provisions and aspects should be taken into consideration when the case is prepared and filed by the party no no no only your land your level whether it is irrigable or not irrigable on that basis the area can be included in this otherwise there is no provision if the land is much higher and this is not possibly irrigated it is it is known as on command area only cultural command area I think what particular aspect should be highlighted for claim to substantiate and ultimately succeed there is a now there is a provision in the Punjab Act amendment is there even if there is a land at higher level then they have this is chilari chilar chilar maybe understanding this is a particular in particular field which is at a low proper level a pit is created where the water collects from there by way of a Varma it is just like a instrument it is lifted to a higher place for that some extra efforts are to be done this is this can also be done for those purposes only you will have to highlight that you can irrigate your land it should be included in the cultural command area which is declared as a command area so ultimately the bottom line is that you have to substantiate that it's a cultural and a cultivable area yes yes no this can be cultivable not this is only cultural command means culture means cultural command means the land which is which can be command mean which which can come under the irrigation of water command area is which is irrigated by flow okay so we don't have the question I will just check it on the Facebook but I don't think yes sir we don't have and as usual we have all enjoyed the session the way you have shared your knowledge and friends since we were doing now one or two sessions in a week but since there are bisacifications this time we are doing some more sessions and tomorrow we will be having proclamation for the person's absconding section 82 of the CRPC kindly do join us tomorrow at 6 p.m. by Justice Emil Ilyani a former judge of the Mumbai High Court so do stay connected with us and sir it was a pleasure hearing you it is always a pleasure having insights and what we have discussed also this is a very niche area and very limited people are there but we wanted that the young lawyers should understand as well as the agriculturalist this area because I don't think you will find such topic as such on the YouTube or on the Facebook we wanted that everybody should be enraged and you have also been kind enough thank you on behalf of all those participants who have been watching us live on the Facebook YouTube and on this platform we are obliged that you are helping us to support this system of knowledge sharing so thank you thank you sir