GRAM PANCHAYAT VILLAGE JAWHRI Vs. HARNARAIN

JUDGEMENT

(1.) This revision petition arises out of order of the learned Additional District Judge, Sonepat dated 24.4.1989 restraining the Gram Panchayat not to prevent plaintiffs from using the manure pits for storing the manure etc of the plaintiff-respondents.

(2.) The undisputed facts are that during consolidation proceedings Khasra No. 166/2 in the suit land was reserved for the common purpose of the village for using as pits for storage of manure of the villagers in view of Section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. The management of the land so reserved for common purpose vests in the Gram Panchayat.

(3.) The villagers complained to the Gram Panchayat, that the pits are near the extended Abadi, a cause for spreading of diseases, polluting the village pond near it and are the cause of sickness of the people as well as the animals of the village. The Gram Panchayat passed a resolution for the closing of manure pits and giving an alternative site at a distance of 200 yards from the site in dispute in Khasra No. 70/2/2 vide resolution dated 16.9.1988 which was affirmed by the Deputy Commissioner.