Mitter Pal & Another v. S s. State of Haryana & Others
Case Details
Page 1 of 8 8 (cid:1) IN THE HI E HIGH COURT OF PUNJAB AND HA D HARYANA AT CHANDIGARH 121 CR-1143-2025 (O&M) Date of decision: 24.02.2025 ...Petitioner(s) ...Respondent(s) Mittar Pal & A l & Another State of Harya aryana & Others Vs. CORAM: HON’BLE MS. JUSTICE NID NIDHI GUPTA Present:- cate Mr. V.P. Sangwan, Advocate for the petitioners. Mr. Satish Singla, AAG Hary *** Haryana. NIDHI GUPTA, PTA, J. Present petition under Art r Article 227 of the Constitution of India is file filed by the plaintiffs/petitioners ers against the impugned order dated 05.02.2 02.2025 (Annexure P1) passed by by learned Additional District Judge, Charkh arkhi Dadri whereby CMA-19-201 2019 titled as “Mitter Pal & Another Vs. S s. State of Haryana & Others” o s” of the petitioners has been dismissed; fur ; further against the order dated ated 14.03.2024 (Annexure P2) passed by lear learned Additional Civil Judge (Seni Senior Division), Charkhi Dadri in Civil Suit No No.1007 of 2023 whereby app application dated 29.09.2023 (Annexure P3) P3) under Order 39 Rule 1 & 2 CPC CPC of the petitioners, has been dismissed. 2. Learned counsel for the he petitioners inter alia submits that the impu mpugned orders deserve to be set set aside as the learned Courts below have fa e failed to consider that the pond ond in Khasra No.57 having area of 9 kanal 11 l 11 marla is existing since the in e inception of the village. It is SUNENA 2025.02.28 10:02 I attest to the accuracy and integrity of this document (cid:1) submitted tha that a well is existing very close to se to the pond and the villagers used to fetch w tch water from this well for drinking king water but with the passage Page 2 of 8 8 (cid:1) of time due to e to supply of tap water, water con consumption in every house has increased. Re er . Resultantly, now dirty water in i large quantity is being discharged fro from every house which is being ing released into the said pond, thus contamin aminating the drinking water sour source for the villagers and the cattle. To man manage the dirty water, drain has has been constructed parallel to the passage of ge of village Makrana to drain and st nd store the water far away from the village. Ho However, PWD Department had st ad started raising the level of the road, as a resu result of which there was an obstru bstruction in the drainage of the sewerage and and dirty water, which is now colle collecting in the village. Though representation ations were made and respondents ents were requested to get the drain cleaned ned, however, no attention was was paid by them to the said problem. Thus
Facts
Thus, Civil Suit was filed along with with the present application for ad-interim inju injunction. 3. Ld. Counsel for the p e petitioners/plaintiffs further submits that t at the learned trial Court has wron rongly dismissed the application of the petition itioners by holding that the water o er of the pond in Khasra No.57 is already contam ntaminated and further Gram Panc Panchayat is owner of the pond and Gram Pan Panchayat can put the sewerage a ge and dirty water in the village pond. It is co s contended that the above findin indings of the Ld. Trial Court is against the fac e facts and law. No sewerage and d nd dirty water can be allowed to be put in any any pond. If the same is allowed it d it will cause contamination of SUNENA 2025.02.28 10:02 I attest to the accuracy and integrity of this document (cid:1) ground water ater also, which is against the right ight of the petitioners and other Page 3 of 8 8 (cid:1) villagers. It is t is reiterated that the findings of t of the learned Courts below are incorrect and and contrary to the record and are d are therefore, liable to be set aside. It is acco accordingly prayed that the present sent revision petition be allowed by allowing th g the application (Annexure P3). 4. No other argument is mad
Legal Reasoning
ave failed to establish a prima facie acie case in their favour for grant of interim inju injunction. 11. Second contention of the the petitioners is that they are residing in kh khasra No.57 close to the Pond nd, and great hardship is being caused to the them due to the release of dirty dirty water into the pond, and construction on of drainage system. n In this t regard, the relevant findings/obser bservations of the learned trial Cou Court in order dated 14.03.2024 (Annexure P2) P2) are as under:- “6. ……Defendants have relied up 09.05.2023 of the Gram Pancha was passed by the Gram Panch sent to BDPO Jhojhukalan for ne this, defendants have placed on villagers of village Datoli, wherein water of houses of other streets which is there in khasra no. 57 o wants to construct the nala for d upon the proposal no. 2 dated nchayat of village Datoli which anchayat and thereafter it was or necessary action. Apart from on record affidavits of various erein they have stated that dirty eets are being released in johar 57 only and now the panchayat for the purpose of drainage of SUNENA 2025.02.28 10:02 I attest to the accuracy and integrity of this document (cid:1) Page 7 of 8 8 (cid:1) the village and there is consent water of the Harijan basti of the is regard, however, plaintiff has of 90% of the villagers in this re it in order to obstruct in the wrongly filed the present suit i Basti on account of the political welfare work of the Harijan Bast e photographs has also been interference. Moreover, the ph no houses are seen nearby the placed on record in which no h being seen in the johar appears jo johar and the water which is bein t cannot be said that it is being to be very dirty water and it can villagers for drinking purpose. used by the cattle of the villa operty of Gram Panchayat and Further khasra no. 57 is proper regard has been passed by the necessary proposal in this regar ction of nala for the purpose of Gram Panchayat for construction khasra no. 57 and this proposal the drainage of dirty water in kha the physical verification all is being passed after all ing complied with. Grant for the and necessary formalities being c en provided by the Government purpose of nala has also been p the site was inspected by the and it is only possible when the have been found suitable for the concerned official and would have ala. All the details regarding the purpose of construction of nala. A ate for the same has also been same i.e. history report, estimate dant. placed on record by the defendan rocedure has been followed by 7. Therefore, when proper proce truction of the nala and taking the defendants for the construct and circumstances of the case, into consideration the facts and failed to prove his case that plaintiff has prima facie failed ct him and other villagers as in construction of nala will affect h been placed on the record, nala the photographs which has been e house of the plaintiff and other has not been seen nearby the hou does not appear to be fit for villagers and the water also doe property is of Gram Panchayat, drinking purpose. Since the prop ience also does not lie in favour therefore, balance of convenience not prima facie proved on record of the plaintiff and it is also not p to be caused to the plaintiff and what irreparable loss is going to b is not granted in their favour. other villagers, if injunction is n s, when plaintiff has failed to Then in these circumstances, w annot be said that circumstances discharge his initial onus, it canno mediately pressing that granting in the present case are so immedi s not seem to be justified in the of permanent injunction does no ces of the case.” present facts and circumstances o SUNENA 2025.02.28 10:02 I attest to the accuracy and integrity of this document (cid:1) 12. I am in complete agree reement with the above said Page 8 of 8 8 (cid:1) observations o ns of the learned Court below. Fro From the above facts, it would appear that th at the Gram Panchayat is owner of t of the ponds; that there are two separate pond ponds in khasra nos. 57 and 49; 49; the former being used for collection of d of dirty water from the village and and the latter for clean drinking water for the the villagers and the cattle; and nd for that the petitioners are encroaching u ng upon the land of the Gram P m Panchayat. Thus, balance of convenience i ce is in favour of the respondent ents; and the petitioners have been unable to le to make out any irreparable loss loss or injury that may be caused to them. Acco ccordingly, no ground is made out out to interfere in the impugned orders. 13. 14. 15. The present petition is dism dismissed. Pending application(s) if an
Arguments
made by learned counsel for the petitioners. 5. 6. I have heard ld. counsel an l and perused the case file. Brief facts of the case are t are that the petitioners/plaintiffs have filed the the suit for permanent and man mandatory injunction with the averments tha s that there is a Johar (pond) existin isting in Khasra No.57 near Abadi Deh of village lage Datoli also called Khaddi. The The said pond is being used for drinking water ater for cattle of villagers as well as ll as for the villagers. Residential house of the p he plaintiffs is also near the Johar a ar along with other co-villagers. There is a pr a problem of drainage of water. T er. The defendants constructed drainage syste ystem for the drainage of dirty wa water of the village but due to non-cleaning ing of the drain, the newly constr nstructed drainage has become non-functiona ional. As a result, dirty water i er is collected in the village. Defendant No t No.3/respondent No.3 herein is th is the Sarpanch of the village and by wrong use use of his power and position he is e is putting all the dirty water of village in this this Johar (Pond) in Khasra no.57. .57. This is making the drinking water of cattle attle unfit and contaminated. As su s such, present suit was filed for SUNENA 2025.02.28 10:02 I attest to the accuracy and integrity of this document (cid:1) Page 4 of 8 8 (cid:1) permanent inj t injunction to retrain the defendan dants from directing the flow of dirty water of r of village towards this Johar/ pond ond existing in Khasra no.57. 7. Along with the above su e suit, the petitioners/plaintiffs had filed an a an application dated 29.09.2023 (A 3 (Annexure P3) under Order 39 Rule 1 & 2 CPC CPC. Although initially an interim o im order was passed in favour of the petitioner ners, however, the above said appl application of the petitioners has been dismisse issed by the learned trial Court urt vide impugned order dated 14.03.2024 (A 4 (Annexure P2). The appeal aga against the said order dated 14.03.2024 w 4 was dismissed by the learned rned Additional District Judge, Charkhi Dadri adri vide order dated 05.02.2025 (An 5 (Annexure P1). 8. It has been submitted on b on behalf of the petitioners that the pond in K in Khasra No.57 is being used sin since earlier times as drinking water for the the villagers and cattle; and the sa e same is being polluted by the defendant by by releasing the dirty water and se d sewage of the village into the said pond.It is It is further the case of the petitio titioners that the houses of the petitioners an s and other villagers are constructe ucted near the Khasra No.57 as reflected in th in the Jamabandis for the years 2020 2020-21, 2015-16. 9. To the contrary, it is the ple e pleaded case of the defendants that Gram Pan Panchayat is owner of the said pon pond in Khasra No.57, and that the petitioner oners have encroached upon the l he land of the Gram Panchayat and are in ille n illegal occupation of the Khasra sra no. 57. It has further been pleaded by th y the respondents that the pond ond in Khasra no. 57 is already contaminated ted as it is being used for collectin lecting dirty water of the village SUNENA 2025.02.28 10:02 I attest to the accuracy and integrity of this document (cid:1) Page 5 of 8 8 (cid:1) since long tim time, and the same has never b er been used as drinking water either by cattl cattle or villagers. Drinking water is er is taken from pond in Khasra no. 49. It has f has further been stated that the pla plaintiffs have filed the present suit due to p to political party faction in the vi e village. The pleadings of the respondents h ts have been noticed in the impugn pugned order dated 05.02.2025, as follows: – “3. According to the defendants, t nts, the plaintiff No.2 is an illegal encroacher on the panchayati yati land and in this regard proceedings are pending befor before the Assistant Collector, Charkhi Dadri. The present suit ha uit has been filed in order to put pressure on Panchayat. In village illage Datoli, the water is being collected in the streets and hous houses of Harijan Basti which is causing hardships to the residen sidents of that area. There is a Johar (pond) in Khasra No.57 (on Jo (on which the plaintiff No.2 has illegal encroachment). It is 20 f 20 feet in depth. From earlier times, dirty water of the village co ge collects in this johar only. It is made only for the purpose of drai f drainage of dirty water. It is not being used by cattles as the wate water is not suitable for drinking and its depth is also 20 feet, so t , so the cattles cannot enter into the johar. Grant has been receive ceived from the Government for the purpose of drainage of dirty w irty water from Harijan Basti and on account of the same, the Panc Panchayat wants to construct a drainage system. In this regard, ard, proposal has been made by Gram Panchayat. In fact, the d he drinking water for cattles is collected in Khasra No.49 in a Jo a Johar which is being used by the entire village. Another civil su il suit titled as "Yudhvir Vs. State of Haryana" was also filed. The m he main motive of the plaintiffs is not to allow any work to be o be done due to village party politics.” SUNENA 2025.02.28 10:02 I attest to the accuracy and integrity of this document (cid:1) 10. Further, the reliance plac placed by the petitioners upon Page 6 of 8 8 (cid:1) Jamabandi for i for the year 2020-21 (Annexure P ure P5) is misplaced as the said Jamabandi s i shows that khasra No.57 and and 49 both belong to Gram Panchayat; an ; and that Ponds/Johars exist on b n both the khasra numbers. As noticed above bove, it is the case of the defenda ndants that the pond in khasra No.57 is used sed for collecting drainage/dirty w y water and is unfit for drinking by cattle; and and that pond in Khasra No.49 is 9 is used as drinking water for cattle. The co correctness or otherwise of the the said rival assertions of the parties is a m a matter of evidence. However, it r, it will be safe to say that the plaintiffs have
Decision
if any also stand(s) disposed of. However, nothing state tated hereinabove shall be construed as a as an expression of opinion on the m the merits of the matter. 24.02.2025 Sunena (Nidhi Gupta) Judge Whether spea Whether repo peaking/reasoned: eportable: Yes/No Yes/No SUNENA 2025.02.28 10:02 I attest to the accuracy and integrity of this document (cid:1)