Punjab-Haryana High Court
Balwinder Singh And Another vs Block Development & Panchayat Officer ... on 21 November, 2008
Author: Mahesh Grover
Bench: Mahesh Grover
CR No. 6455 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No.6455 of 2008
Decided on : 21-11-2008
Balwinder Singh and another
....Petitioners
VERSUS
Block Development & Panchayat Officer and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. R.S.Rana, Advocate for the petitioners. MAHESH GROVER, J The respondents are laying down a drain for the drainage of excess dirty water. The petitioner alongwith various other persons have approached the Court by filing a suit. Alongwith suit an application under Order 39 Rule 1 and 2 CPC was also filed which was initially allowed by the learned Trial Court but dismissed by the learned Appellate Court. The apprehension of the petitioner as expressed before this Court is that the drain which is being dug is likely to affect the pipe supplying drinking water which is running adjacent to the drain being dug. The respondents who are the competent authority have clarified that drain being dug is only 1 feet x 1 feet and the same is proposed to be constructed at a distance of six feet from the existing pipeline and in case they find that it is causing hindrance they will dismantle the same to ensure that no harm is caused.
Learned counsel for the petitioner then contended that the pipeline is coming in front of his house and that he has no objection if the drain is dug, away from his house.
CR No. 6455 of 2008 2
I am afraid the petitioner cannot dictate to the respondents who are laying the drainage pipe in public interest. It is a settled law that private interest has to give way to public interest. No inconvenience has been shown by the learned counsel for the petitioner to disturb the ongoing process of laying of the drainage.
Dismissed.
November 21 , 2008 (Mahesh Grover) rekha Judge