Judgment:
Rs.No.2868 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rs.No.2868 of 2011 (O&M) Date of Decision:
08. 08.2013 Dalbir and another ......Petitioner(s) versus State of Haryana and another .........Respondent(s) CORAM: HON'BLE Mr.JUSTICE JASWANT SINGH Present: None for the appellants-plaintiffs.
Mr.Deepak Gilhotra, A.A.G., Haryana, for respondent No.1-Collector, Rohtak.
Mr.Ashish Gupta, Advocate, for respondent No.2-B.D.P.O.Meham (Rohtak) ***** JASWANT SINGH.
(ORAL) The plaintiff is in second appeal assailing the judgment and decree of reversal dated 12.03.2011 passed by learned District Judge, Rohtak whereby his suit for permanent and mandatory injunction has been dismissed while reversing the decree dated 01.04.2010 passed by the Additional Civil Judge, (Senior Division) Meham.
On the last date of hearing the below order has passed by this Court.
“The appellants-plaintiffs filed a suit for injunction seeking to restrain the defendants from diverting the flow of water by digging fresh drains in the streets from particular points, since it would have caused damage to the house of plaintiffs due to overflow sewage water towards their houses.
The suit Nitin 2013.08.13 12:08 I attest to the accuracy and integrity of this document Rs.No.2868 of 2011 -2- was decreed by the learned Trial Court, however, the learned Appellate Court accepted the appeal of the defendants and while dismissing the suit as not maintainable, directed that fresh drainage should be done after seeking approval of superior officers to avoid harassment to the villageRs.This Court vide order dated 11.01.2012 directed maintaining status quo as existing on that date at the spot.
Subsequently, this Court permitted the State counsel to seek instructions from the authority concerned in respect of redressal of the grievance of the plaintiffs while undertaking the process of constructing the fresh drainage.
At the time of hearing, the affidavit dated 23.07.2013 of Sh.
Ran Singh, B.D.P.O., Meham, Rohtak has been filed in Court today and the same is taken on record.
It is stated that after consultation with the Collector, Rohtak, a fresh lay out plan has been finalized for construction of the drain/Nala along side the public streets in question, so as to ensure no damage is caused to the properties of the inhabitants of the said area.
A copy of the same has been supplied to the counsel for the plaintiffs.
Keeping in view, the interest of the inhabitants, the interim order dated 11.01.2012 is vacated and the authorities concerned are directed to complete the exercise as per lay out plan within next two weeks.
List on 08.08.2013 for further consideration.
In case, the construction is not completed by, then the Collector, Rohtak shall appear in person to assist the Court.
Nitin 2013.08.13 12:08 I attest to the accuracy and integrity of this document Rs.No.2868 of 2011 -3- To be taken up in the urgent list.
A copy of the order be given to the counsel for the respondent/defendants under the signatures of Bench Secretary.”
At the time of hearing today, learned counsel for the official respondents have filed an affidavit dated 07.08.2013 of Sh.
Ran Singh Block Development and Panchayat Officer, Meham stating that the drain/Nala has been constructed towards both sides of the street as per the lay out plan whereby no damage would be caused to the properties of the inhabitants of the area.
It is thus submitted by the counsel for the respondents that the present regular second appeal has become infructuous.
Dismissed as rendered infructuous.
(JASWANT SINGH) JUDGE August 08, 2013 nitin Nitin 2013.08.13 12:08 I attest to the accuracy and integrity of this document