- (1.) The instant writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of a writ in the nature of mandamus directing respondents number 1 to 4 to remove the earthen 'bandh' or dam of about 10 feet height shown in red colour in the site plan (Annexure P-2) alleged to be 8 feet erected by respondents No.5 and 6 on intersecting line of their land and the land of the petitioners as shown in red colour marked D to D1 in the site plan (Annexure P-2). As a result of said act, natural flow of rainwater from the side of the causeway and 'pully' in the Gulabgarh-Behra road is causing accumulation of rainwater in the fields of the petitioners shown in yellow colour and further prayer is for directing respondents No.1 to 4 to remove the wall, gate and earth filled by respondents No.5 and 6 in their land comprised in khasra No. 431 in front of the causeway and 'pully'. It is also prayed that respondents No.1 to 4 be directed not to dig the drain through the land of the petitioners from mark E to F and restrain from perpetuating, legalising and justifying mischief committed by respondents No.5 and 6. It is further prayed that an enquiry be held against respondents No.5 and 6, who are responsible for blocking the natural flow of rainwater causing floods in the area and damage to the public roads and property of other people.
(2.) The averments in the writ petition are to the effect that petitioners are owners in possession of land measuring 70 Bighas 08 Biswas as per the Jamabandi for the year 2011 12 situated in the revenue limits of village Gulabgarh shown in yellow colour in the site plan (Annexure P-2). Respondents No.5 and 6 are owners of an adjoining land shown in green colour in Annexure P-2.
(3.) The whole area referred to above, is route of natural flow of rainwater coming from the side of Shivalik Hills towards Gulabgarh -Behra Road which is shown in blue colour in the site plan. The natural slope of the area is from hillside i.e. North-East towards the south-west side meaning thereby natural flow of rain water is towards Gulabgarh - Behra Road. Starting from the northern side after crossing the bridge over Dera Bassi-Barwala Road rainwater runs upto many kilometres. Similarly, from the eastern side after passing through the Kuranwala link road the rainwater comes. The rainwater on both sides passes through the causeways and 'pulleys' constructed over and underneath the GulabgarhBehra Road. About 175 feet long 'pulley' has been constructed by the Bridges and Roads Department by lowering the road to the level of about 5/6 feet which has been shown in brown colour and marked A-A1 in site plan (Annexure A-1).;