Madan Lal vs The State of Rajasthan & Ors.

Court

Supreme Court of India

Date

27 August 2019

Case No.

Civil Appeal No. 6975 of 2019

Result

Allowed

Bench

Deepak Gupta, Aniruddha Bose

Citation

[2019] 12 S.C.R. 226 : 2019 INSC 963

Headnote

Rajasthan Irrigation and Drainage Act, 1954: s.53 – Dispute with regard to water and its distribution to the fields of contesting parties – Appellant approached the Authorities under the 1954 Act but was unsuccessful – He filed suit before the trial court challenging the order of Appellate Authority which was also dismissed – First appellate court allowed the appeal of appellant which was, however, set aside by High Court on the ground that the civil court could not entertain or deal with such disputes – On appeal, held: Under s.53, if there is a difference between two or more persons with regard to rights and liabilities in respect of the use, construction or maintenance of a water courses, then the dispute has to be first referred to the Divisional Irrigation Officer, who enquires the matter and pass an order – He can also transfer the matter to the Collector who may enquire into the matter and dispose it of – The appeal against the order of the Divisional Irrigation Officer lies to the Superintending Irrigation Officer – s.53 (2) is absolutely clear that the order passed by the Authorities under the Act would be final for any crop sown or growing when such order is made and shall remain in force until set aside by the decree of a Civil Court – This clearly implies that the Civil Court has jurisdiction to entertain and decide such a dispute – The only caveat is that the Civil Court shall not pass any order in respect of crops sown or growing in the land at the time of passing of the order – High Court fell in error while holding that the Civil Court could not have set aside the suit – Judgment of the High Court set aside – Matter remitted to the High Court to decide the dispute on merits – Water disputes – Jurisdiction of civil court.

The following Order of the Court was passed : ORDER 1. Leave granted. 2. This appeal is directed against the judgment and order dated 12.01.2015 passed by the High Court of Rajasthan in S.B. Civil Second Appeal No. 317 of 2008. 3. Briefly stated, the facts of the case are: 4. There was a dispute between the parties with regard to water and how it is to be given to the field of contesting parties. This dispute was taken to the Authorities under the Rajasthan Irrigation and Drainage Act, 1954 (for short ‘the Act’). The appellant lost before the said Authority. 5. The appellant, thereafter,

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