' This is a revision petition against the order, dated 14-11-1974, passed by Additional Commissioner, Sukkur Division, whereby he rejected the appeal of the petitioner in respect of an area of 6 Acres out of U. A. No, 35 comprising of new S. Nos. 242 and 205 of Deh Ranihar, Taluka Mirpur Mathelo.
2. The facts of the case are already given in the impugned order and need not be reproduced.
3. The petitioner mainly contends that he was being granted an area of 6 Acres out of U. A. No, 35 on Yaksala lease from the year 1971-72 and 1972-73 and as such the PKM rights of the petitioner stands created. The new S. Nos. 242 and 205 have been formed out from the area which was being granted to the petitioner on account of the construction of Lath Minor. He further contends that Lath Minor is about 50 to 55 feet wide and has intersected the established village Buriira, therefore, the rule of 20 chains, to this particular piece is not applicable.
4. After hearing the petitioner and perusing the sketch as well as the impugned order, I come to the conclusion that S. Nos. 242 and 205 which are stated to have been formed out on account of the construction of Lath Minor from the area granted to the petitioner on Yaksala lease are separated by Lath Minor. Para. 9 of the new Land Grant Policy clearly provides that "No land within 20 chains of established villages shall be granted unless it is separated by a working canal". According to section 1 of the Irrigation Act the word 'canal' includes:-
(a) "All canals, channels, pipes and reservoirs constructed, maintained or controlled by any Government for the supply of storage of water ;
(b) All works, embankments, structures and supply and escape-channels connected with such canals, pipes or reservoirs, and all roads constructed for the purpose of facilitating the construction or maintenance of such canals, channels, pipes or reservoirs;
(c) all water-courses drainage-works and flood embankments as hereinafter respectively defined ;
(d) any part of a river, steam, lake, natural collection of water or natural drainage channel, to which the Provincial Government may apply the provisions of section 5, or of which the water has ben applied or used before the passing of this Act for the purpose of any existing canal ;
(e) all land belonging to (the Crown) which is situated on a bank of any canal as hereinbefore defined, and which has been appropriated under the orders of any Government for the purposes of such canal ;"
From the above definition of a canal, it appears that channel (minor)1 also comes under the definition of a canal and the learned Additional B Commissioner, was therefore, not justified in rejecting the appeal of the petitioner and reserving the S. Nos. Shown above admeasuring 6 acres which are separated by Lath Minor (channel) from the established village Burtira.
5. In view of the above legal position, I set aside the impugned-order and remand the case to the Colonization Officer Guddu Barrage with the direction that S. Nos. 242 and 205 be granted to the petitioner on usual terms and conditions.