CR NO. 6693 OF 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR NO. 6693 OF 2011 DATE OF DECISION: 3.11.2011 Gram Panchayat, Pabnawa through its Sarpanch ...Petitioner Versus Ishwar Singh and another ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Rakesh Gupta, Advocate for the petitioner. **** Jitendra Chauhan, J. (Oral) The present civil revision petition has been filed under Article 227 of the Constitution of India for setting the order dated 25.8.2011 (Annexure P-1) passed by learned Additional District Judge, Kaithal and order dated 10.3.2011 (Annexure P-2) passed by learned Civil Judge, Junior Division, Kaithal vide which the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure was allowed. Brief facts of the case are that the respondent No.1 filed a suit for permanent injunction against the petitioner being a co-owner of the land measuring 2 Marlas comprised in Killa No.4/17 shown as Gair Mumkin Khadda Khad in the revenue record, alongwith the injunction application for restraining the petitioner- Gram Panchayat from discharging the rainy and dirty water in the suit land belonging to him. Learned counsel for the petitioner contends that the learned trial court has wrongly restrained the petitioner from discharging the CR NO. 6693 OF 2011 2 dirty/rainy water through siphon in the point situated in the suit land belonging to the plaintiff. Further contends that the siphon was constructed about 30 years ago and at the time of construction of the bridge it was ensured that the water of the village finally flows into the village pond. There was every likelihood that if the Siphon had not been constructed, the entire village would have been flooded and ultimately causing havoc in the village by spreading disease. I have heard learned counsel for the petitioner. As per the findings recorded by the learned courts below, the ownership of the plaintiff-respondent no.1 over the land owned by him, is not disputed. The learned Courts below appointed a Local Commissioner, who had gone to the spot and inspected it. In his report, it has been averred that the siphon is not properly connected with the pond and it opened in the suit land. It is also proved on record that dirty water from Pulia/Nala is being discharged in the fields belonging to the respondent No.1/plaintiff. The direction issued by the learned Civil Judge, Junior Division, Kaithal to defendant No.1- Gram Panchayat to properly connected the siphon to the village pond so that filthy water may not harm the contiguous land of the plaintiff. It is the strict duty and responsibility of the Gram Panchayat to properly maintain the siphon, so that not even a drop of filthy water could come out of it. The balance of convenience is in favour of the plaintiff and if the dirty water leaks from the siphon, it may cause irreparable loss to the land of the plaintiff (respondent herein). CR NO. 6693 OF 2011 3 As a sequel of the above discussion, no ground is made out to interfere in the findings recorded by learned courts below. As such, the present revision petition is dismissed in limine being bereft of any merit. 3.11.2011 (JITENDRA CHAUHAN) gsv JUDGE