SARDARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Suit filed by the appellants for mandatory injunction was dismissed by Sub Judge Ist Class, Dasuya on 14.11.1984. Aggrieved of the same, they filed first appeal which was dismissed by District Judge, Hoshiarpur on 13.8.1986. Still not satisfied, they filed the present second appeal.

(2.) The case of the appellants, as set up in their plaint, was that they were owners in possession of the suit land falling in villages Ghallian and Godhara. There was an old pond towards the South of the suit land. The surplus water of village Godhara used to fall in the aforementioned pond through the drain. However, the Punjab Drainage Department forcibly and unlawfully dug a three karams wide drain through the fields of the appellants. The Department did not acquire the land of the appellants for the said purpose nor paid them any compensation. Instead, they unlawfully and illegally diverted the original flow of the water through the land of the appellants.

(3.) The officials of the Department while filing written statement took the stand that the water of the village Godhara never flowed into the pond of the village Ghallian. Instead, the surplus water of villages Ghallian and Godhara flowed in the Ghallian drain which had been in existence since the year 1976. The villagers of Ghallian and Godhara submitted their written application representing to the Department that the existing Ghallian drain had filled up and as a result thereof, water logging was occurring in their fields. The Drainage Department took stock of the situation and started desilting the drain. No formalities were required to be attended to by the Department while carrying out the operation of de-silting of existing drain and no new drain as alleged by the appellants was dug out. It was also alleged that no valid or legal notice under Section 80 CPC was served upon the official defendants.