410 l e 1 P W Civil Revision N8439 of 2010O 8MI IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 1 Date of Decisions February 1 2010 1 Civil Revision 08439 of 2011 lO SMI 1 0 Tarsem Laland others etitioners r4 C43 Versus I Z Gram Panchayat Iespondent r CORAMl HONBLE MRUSTICE MOHINDER PAL I Z 1 Whether Reportersof Iocal papers may be allowed to see the judgment7 2 To be referred to the Reportersor not 3e Whether the judgmentshould be reportedin the Digest7 r 7 Z Presentl MreI BajwaAdvocate Qm for the petitioners Ms Sushma Chopra Advocate for the caveator respondentvGramPanchayat MOHINDER PAL J The chalienge in the present reviSIOn petition is to the orders passed by both the Courts below wherebythe application moved by the plaintiffoetitioners under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure in a suit filed by them for Kumar Suresh 2013.01.17 10: 57 True Scanned Copy of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 411 4 1 a 2 9 Civil Revision No439 of 2010 O S M l LJ permanent injunction restrainingthe defendanteGramPanchayat from divertingthe flow of dirty and sullage water of Viilage Tandaura which at present accumulates in pond situated in Khasra No 61 measuring2 Kanals 19 Marlas and one POndSituated within Lal Lakeer of the village towards pondcomprised Ill Khasra No 62 measuring 7 Kanals 12 Marlas situated near the abadiof Adharmies in which the plaintiffs are residingas pond comprisedIll Khasra No62 is exciusiveiymeant for 1 accumulation of dirty and sullagewsater of the houses of Adharmies Iocated in Khasra N5611211 13 Kanals 16 Mariasl situated in the 0 area of VillageTGandaura was dismissed mym The claim of the plaintiffoetitioners iS that they are poor I Adharmies and reside outside the main abadi area of Village Z Tandaura in Khasra No611211 13 Kanals 16 Marlas which is one and a half kilometers away from the main abadi area of the village that r their predecessorswere dePendentuPon the Ieather work prepared I fromthe skinof dead animals and now the petitioners are doing this Z work that the pond contained in Khasra No62 7 Kanals 12 MarlasJ 7 41 m was required for chemicalsand the pond water was used for that wao purpose7and that keeping in view this fact Z separate abadi area contained in Khasra No5611211was given to the predecessors of the Qm plaintiffpetitionersand other Adharmies The pond in Khasra No62 IS beingused by the their predecessorsand other Adharmies residing in Khasra No5611211 Since times immemorial It IS further claim of the that their main occupation IS to do Ieather work for which a separate pond is required It IS further claim of the plaintiHoetitioners that two separate pondsone of which is within Lal Lakeer measuringabout 4 Kanals and the other which is in Khasra No61 2 KanaIs 19 Marlas werelare being Kumar Suresh 2013.01.17 10: 57 True Scanned Copy of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document S 412 3 L1 Civil Revision No439 of 2010 lO 8Ml 3 used by the residents of the abadi area of the Iillage Now the Panchayatintends to pump out through pipes by 1ift system with Diesel Engine the sullage water of abadi area of the village towards Khasra No62 As per the in this manner the dirtYWater of the village pond can aISObe Pumped towards Khasra No61 On the other hand the claim of the defendantmGramPanchayat IS that the plaintiffsare creating hindrance in the developmentwork 1 r of the villagefor their olaintiff personalbenefits that the disputed property vests in the Gram Panchayat and it has every ght to 0 manage and controlthe affairs of its property and that the Gram r e 0 Panchayat after adopting a ResoIution unanimously started I work for the betterment of the residents of the village Z I have heard Mre IS Bajwa Advocate appearing for the petitioners and Ms Sushma Chopra Advocate appearing for the caveator defendantGram Panchayatand have gone throughthe records I of the case Z This Court while consideringthe prayer of the plaintiffse r11 petitioners made under Order 39 RuIes 1 and 2 read with Section 151 v 7 of the Code of Civil Procedure is required Z to see as to whether a prima facie case iS made out and balance of convenience Iies tl in their favour or not Admittedlythe Pond contained in Khasra No 62 being IS used by the piaintiffpetitioners their predecessors and other Adharmies residing in Khasra Since times immemorial Two separate pondS one of which is within Lal Lakeer measuringabout 4 Kanals and the other which IS in Khasra NOe61 2 Kanals 19 Marlasl werelare being used by the residents of the abadi area of the village The plaintiffletitioners reside outside the main abadi area of Village Tandaura Their houses are built in Khasra No5611211 Kumar Suresh 2013.01.17 10: 57 True Scanned Copy of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 413 4 4 Civil Revision No439 of 2018 10 S M I 1 which is about one and a half kilometers away from the main abadi area of the village Thus the Gram Panchayatin spite of two ponds at its disposal iS now planning to pump out through pipes by Iift system with Diesel Engine the sullage water of abadi area of the village towards Khasra No62 It has not been brought forth on record by the Gram Panchayat as to why the dirty water of the viliage can not be pumped out towards two ponds at its disposal 1 and it Panchayat IS deciding to divert the same towards 0 Khasra No62 This COUtt at this stage IS not required to go into 0 the details or reasons for this actof the Gram Panchayat It is mr worth mentioninghere that instead of thinkingof Iayingthe pipe Iines etc for diveitingthe sullagewater of the village exclusivelytowards Z Pond contained Ill Khasra No62 the Panchayat or the executive officers at the helm of affairs to control the workingof the Gram 0 Panchayatcould plan and oughtto have planned installingthe Effluent I Treatment Plant in the villagewhich would have been for the benefit Z ofall the residents of the village However it has not been done SPel The facts and circumstances of the case do not justify that the V whole of the sullagewater of the village should be allowed to be Z pumped out exclusively towards the pond contained ltl Khasra Noe62 Instead during the pendencyof the instant suit before the trial Court the Panchayat before pumpingoutthe dirty water towards the pond contained in Khasra No62 ought to be directed to first fill up the two ponds at its disposal ie the one which is within Lal Lakeer of the village measuring about 4 Kanals and the other which is in Khasra Noe61 2 Kanals 19 Marlasl I order accordingly The District Developmentand PanchayatOfficer concerned should either himself or through his should constitute a Kumar Suresh 2013.01.17 10: 57 True Scanned Copy of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 414 5 1 Civil Revision Noe8439 of 2010 1O S M L Committee of the respectabales of the Village includingt the residents of Khasra where the piaintiffletitioners reside to see that the order of this Court is compliedwith This revision petition is accordingly allowed to the extent indicated above by settingaSide the impugnedorders passed by the Courts below It is made clear that anythingsaid while disposingof this revision petition will not influence the trial Court while deciding the 1 suit filed by the plaintiffs The trial Coutt IS directed to disposeof the 0 suit eXpeditiously 0 mm rm c3 Datedl FebruaryIl 2011 MOHINDER PAL I rJ JUDGE Z 2 14 I Z 3 Z Il C l 1 Kumar Suresh 2013.01.17 10: 57 True Scanned Copy of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document