The High Court of Punjab and Haryana dismissed a civil revision petition maintaining below courts' refusal to grant ad-interim injunction in a land dispute involving alleged crop damage from fishery operations, finding no merit to the challenge.
Civil Revision No. 2619 of 2011 dismissed in limine as without merit.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 2619 of 2011 Date of Decision: 21.4.2011
Rehman & Anr.
.. Petitioners
Vs.
Surat Khan & Ors.
.. Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR
**Present:Mr. R.K. Sharma, Advocate for the petitioners. *****
ARVIND KUMAR, J.
Both the Courts below have refused to grant ad-interim injunction to the petitioners-plaintiffs.
The grouse of the plaintiffs, whose land is admittedly adjacent to the land of the respondents, who are running fishery farm in their land, is that the latter have not complied with norms of fisheries Department and have made the pond on the ground level, due to which there is leakage of water to their fields, resulting into damage of the crops. The Fisheries Department, on the other hand, took the stand that the land where fishery farm is established by defendants No.1 to 7 is not a notified area and hence no licensee is required to issue for the construction of pond. That apart it has come on record that the land where private defendants made their fishery farm is a water logging area and hence there was no requirement of having particular depth of pond. Finding that the plaintiffs have no prima facie case and balance of convenience in their favour and are not going to suffer any irreparable loss in case the temporary injunction is not granted, the Courts below rightly dismissed the application of the petitioners.
There is no illegality or perversity in the impugned order. The revision petition, being without merit, is accordingly dismissed in limine.
(ARVIND KUMAR) JUDGE
April 21 , 2011 Jiten
2 issues framed by the court
Whether the refusal to grant ad-interim injunction in a dispute concerning agricultural land adequacy violates the impugned order.
Whether the Civil Revision petition regarding fishery farm pond construction norms is maintainable.
Rehman & Anr.
Surat Khan & Ors.
Arvind Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
