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FAZAL ELAHI versus KAMAL DIN


Section 20 (a) of the Special Relief Act (of 1877), Section 42, the defendants filed a declaration on the basis that water from the existing shop, without notification issued by the authorities under the Canal and Sewerage Act 1873 Prior to the increase in the quantity supplied, notice was taken. When one of the defendants illegally fought the case, the trial court ruled that the appellate court of the defendants on appeal, allowed it, and the trial court's decision and injunction taken by the defendants. Put aside, is that under section 20 (a) of the Canal and Sewerage Act, 1873, authorities must issue notices before water is allowed through the existing outlet, validity divisional The canal officer was obliged to issue notices to the parties, who were ultimately affected by any change, whether due to water shortage or high flow in the canal. The writ petition was granted, keeping aside the appellate court's decision and decree, the matter was remanded to the divisional canal officer who after hearing the issue, after hearing the concession and record in the notice to all the parties concerned. And want to decide.

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