DHARAM SINGH Vs. U T CHANDIGARH

JUDGEMENT

(1.) THIS is plaintiffs' second appeal challenging the judgment and decree of the trial Court whereby their suit for permanent injunction restraining the respondents from raising the level of the road was dismissed. Further challenge has been made to the impugned judgment and decree of the First Appellate Court dismissing their appeal against the aforesaid judgment and decree of the trial Court.

(2.) APPELLANTS are in possession of the land as detailed in the plaint. It is their case that a Rivulet known as "Patiala -Ki -Rao" which comes from the foot hills of Shivalik, passing through the villages of Union Territory, Chandigarh and is passing through the village of Togan, Tehsil Kharar, District Ropar and during rainy season, it became heavily flooded causing loss to land and crops on both sides. In order to save inhabited village Dadu Majra and its land, Chandigarh Administration, long back raised a "Bundh" and diverted the flow of water towards Punjab. The land of the appellants was on both sides of the pucca bundh. An influential person was constructing a huge college building in village Togan. Defendants and the contractors engaged by them were raising level of the road upto 5'6" without providing cause -way for regulating proper flow and outlet of water of the rivulet.

(3.) RESPONDENTS contested the suit by filing written statement raising various preliminary objections. On merits, it was submitted that the defendants were raising level of the road. Four culverts of different sizes were provided in order to regulate the proper flow of the water of adjoining fields. It was submitted that suit was not maintainable as plaintiffs were trying to harm the public work which was for the welfare of the general public and thus, dismissal of the suit was prayed for. No replication was filed.