This single-judge disposal dismissed an appeal against concurrent lower court decrees awarding mandatory injunction for removing an encroachment on a village road. The court rejected the appellants' contention that civil jurisdiction was barred after a Gram Panchayat resolution reported new drains mitigated special damage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
::1::
R.S.A No. 1227 of 1983 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.S.A No. 1227 of 1983 (O&M) Date of decision : January 18, 2010
Kaka Singh and others,
...... Appellant (s)
v.
Kaur Singh (dead) through L.Rs
...... Respondent(s)
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
*******
Present : Ms. Puneeta Sethi, Advocate for the appellants.
Mr. J.S.Dhaliwal, Advocate for the respondent.
*******
1. Whether Reporters of Local Newspapers may be allowed to see the judgment ?
2. To be referred to the Reporters or not ?
**3. Whether the judgment should be reported in the Digest ? *****
AJAY TEWARI, J (Oral)
This appeal has been filed against concurrent judgments of the Courts below decreeing the suit of the respondent for mandatory injunction directing the appellants to remove encroachment of three biswas in Khasra No.491 which (happens to be the main thoroughfare of the village).
Both the Courts below have found as a fact on the basis of the report of the Local Commissioner viz Area Kanungo that the encroachment has been established. Both the Courts have also found that as a result of the encroachment the flow of rainy and dirty water has been diverted
R.S.A No. 1227 of 1983 (O&M)
::2::
towards the house of the respondent and this has caused special damage to the respondent.
During the pendency of this appeal, the appellants have placed on record a copy of the resolution dated 20.7.2007 whereby the Gram Panchayat has certified that during this interregnum pucca drains have been constructed on both sides of the road, as a result the problem of water logging or any damage to the wall of the respondent or any other person is no more existing. On the basis of this, counsel for the appellants has argued that in law since any special damage which was alleged by the respondent has come to an end, thus, the bar of jurisdiction in the civil suit with regard to village common lands would be attracted.
In my opinion, the very fact of encroachment opposite his house would be such special damage to the respondent as would protect a civil suit by him. In the circumstances, holding the question of law proposed against the appellants, this appeal is dismissed with no order as to costs.
As the main appeal has since been dismissed, all the pending civil miscellaneous applications, if any, also stand disposed of.
( AJAY TEWARI ) January 18, 2010. JUDGE `kk'
1 issue framed by the court
Whether civil jurisdiction regarding village common lands disappears once drainage works resolve the alleged encroachment damage.
Kaka Singh and others
Kaur Singh (dead) through L.Rs
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
