GRAM PANCHAYAT DUNGARWAS Vs. KRISHAN LAL

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiffs Krishan Lal and Harpal both sons of Sh.Balwan Singh, resident of village Dungarwas, Tehsil and District Rewari had brought a suit against defendants i.e. Collector, District Rewari and Gram Panchayat, Dungarwas through its Sarpanch craving for grant of permanent injunction restraining the defendants from creating nuisance by way of collecting dirty water in the disputed property and for mandatory injunction directing the defendants to fill up the disputed pond with earth and in case the defendants succeed in collecting the dirty water during pendency of the suit, then defendants be directed to remove it therefrom.

(2.) According to the plaintiffs, they are owners in possession of land/plot comprised in Khewat No.209, Khatoni No.245, rectangle No.23, Kila NO.7/2(1-17) and Kila No.15/2/1 total land measuring 4 kanals 15 marlas shown in green colour in the site plan, attached with the plaint situated at village Dungarwas, Tehsil and District Rewari; that they have raised residential construction over their plot since long and are residing therein; that defendant No.2 Gram Panchayat having land adjacent to such residential property of plaintiffs comprised in Khewat No.319, Khatoni No.398, Rectangle No.23, Kila No.15/1 total measuring 2 kanals shown in red colour in the site plan attached, as per jamabandi for the year 2003-04; that the land is reserved and is being used for specific purpose of HADA RODI (a place for keeping carcasses of animals); that the purpose is so recorded in the jamabandi itself, however, defendant Gram Panchayat has got dug a deep pond in that land with an intention to create public nuisance since dirty water would accumulate in the said pond; that there is already a old JOHAR (pond) situated at a short distance from the disputed site; that the dirty water from the village falls in the said pond; that the distance between the two places is 400 feet and the dirty water can be put by making a small channel connecting the old channel; that in case dirty water gets accumulated in the disputed site that may give rise to omission of foul-smell and breaking out of diseases of serious nature. According to the plaintiffs on refusal by the defendant Gram Panchayat to consider their claim, they knocked at the door of Court by filing civil suit. Before that the plaintiffs along with other residents of village had submitted a written representation to the Gram Panchayat to refrain from indulging in such illegal activities but in vain.

(3.) On notice, the defendants appeared and filed a joint written statement contesting the suit raising preliminary objections that no cause of action arose to the plaintiffs to file the suit; that the suit was not maintainable; that the plaintiffs were estopped by their own act and conduct; that the Court had no jurisdiction to entertain and try the said suit etc. On merits, it was contended that Gram Panchayat had full right to use the property in any way it liked; that the property which was already reserved for HADA RODI, a NALA had been constructed up to that property for disposal of the water; that the water of abadi cannot go towards JOHAR because it is at a long distance from abadi and is at height; that the plaintiffs had filed the suit on account of rivalry with the current Sarpanch in order to create hindrance in the development work of Gram Panchayat; that the deadbodies of the animals are also being put in the property, which has now been reserved for HADA RODI. According to the defendants,, the Gram Panchayat had a right to use its land and plaintiffs are nobody to create hindrance in exist of the water. In the end, the defendants prayed for dismissal of the suit.