4 CA 18485.2010 in SA 147.2001 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 18485 OF 2010 IN SECOND APPEAL NO. 147 OF 2001 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATE : 15/04/2011 PER COURT : 1. This is an application filed by the Gram Panchayat seeking directions to allow them to complete the underground drainage pipe line from G.No. 341. 2. Heard Mr. Sapkal, the learned counsel for the applicant and Mrs. A.N.Ansari, the learned counsel for the respondents. 3. It is submitted by Mr. Sapkal, the learned counsel for the applicant that in fact the drainage pipe line work is almost complete and has only remained to be completed in G.No. 341. According to the learned counsel, the order dated 8/3/2004 4 CA 18485.2010 in SA 147.2001 passed by this Court was mis-interpreted by the Tahsildar. The prohibitory order is with regard to the possession, that may not be an impediment for the present applicant to carry out the development work. The pipe line is to be laid as per the map annexed at Exh. 19, which is prepared by the Engineer of the Zilla Parishad. The learned counsel submits that they are not concerned with the interse dispute between the parties in the present Second Appeal and they are only concerned with the carrying out their functions. 4. Mrs. Ansari, the learned counsel for the respondents submits that the land G.No. 341 is Darga land and there is existence of Kabrastan which is in use today also, where burials take place. According to the learned counsel, the non applicants would have no objection if the drainage pipe line is taken along with the road as they have done in case of G.No. 342. If the laying down of the drainage pipe line is taken through G.No. 341, then that would affect the sanctity of the Darga, so also would be an impediment for the use of the Kabrastan. Even 3 feet underground pipe line would cause an obstruction for burials. For burials at least 5 feet excavation is necessary. 5. At this stage, we are not concerned with the 4 CA 18485.2010 in SA 147.2001 rival dispute between the parties about the ownership of the land. The same would be dealt with at the time of final hearing of the Second Appeal. The Gram Panchayat is shouldered with the functions as is laid down under the Act. Providing amenities is one of them. Laying down the drainage pipe line is a work of public interest and not of an individual interest. However, at the same time, the applicant while doing the development work, is expected to maintain the sanctity of the particular place and also are required to observe that the said development work would not be an obstruction of impediment for the use of the particular land. 6. In the result, the applicants are allowed to lay down the underground drainage pipe line as prayed for in prayer clause ‘ B ’. At the same time, the applicant shall observe the sanctity of the said place and would see that no damage is done to any of the grave and that the drainage pipe line would not be an impediment in the use of the said land. The Civil Application is accordingly disposed of. [ S.V. GANGAPURWALA,J. ] KNP/CA 18485.2010 in SA 147.2001 4 CA 18485.2010 in SA 147.2001