Baldev Singh And Others v. State Of Punjab And Others
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2 ( "Suit for permanent injunction restraining the defendants from throwing dirty water of Village Phuglana, Tehsil and District Hoshiarpur in the land detailed and described below: (a) Land measuring OK%15M contained in Khewat No.224. Khatauni No.247, Rect. No.77, Khasra No.6/1 (2%15), (b) Land measuring 7K%18M contained in Khewat No.220, Khatauni No.243, Rect. No.78, Khasra No.10 (7%18), (c) Land measuring 15K%16M contained in Khewat No.221 Khatauni No.244, Rect. No.78, Khasra No.8 (7%16), 9 (0%0) (d) Land measuring 16K%0M contained in Khewat No.220/216 Khatauni No.243, Rect. No.77, Khasra No.7(8%0), 14 (8%0), (e) Land measuring 13K%10M contained in Khewat No.224/220, Khatauni No.247, Rect. No. 77, Khasra No.6/2/2 (0%4), 6/3 (5%6), Rect No.87, Khasra No.15 (8%0), situated in Hadbast No.274 of Village Phuglana, Tehsil and District Hoshiarpur, as per entries in Jamabandi for the year 2011%12 and from diminishing the value and utility of the land of plaintiff and defendants be further directed to make appropriate and proper arrangement for discharge of dirty
water of the Village."
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As an offshoot of the findings returned on issues above, the present suit filed by the plaintiffs succeeds and the same stands decreed for permanent injunction restraining the defendants from throwing dirty water of Village through the Nala adjoining to the land of the plaintiffs and also for mandatory injunction directing the defendants to make appropriate and proper arrangement for discharge of dirty and rainy water of the Village. Decree%sheet be prepared. File be consigned to the record room after due compilation within time prescribed as per rules.
Pronounced in open court:
Sd/% Dated: 5th July, 2018.
(Monica Sharma), Civil Judge (Senior Division), Hoshiarpur. (UID No.PB%0239)"
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"10. From the above report of the Local Commissioner independently called by this court, one thing is clear that although the J.Ds/respondents are stating that they have complied with the judgment and decree dated 05.07.2018 and have completed the development work as per Thapar Model and now no waste and dirty water of the village fall in the land of applicants, however, the actual position at the spot is different. From the report of the Local Commissioner it transpires that the dirty/waste water of the village Abadi still stagnate in the land of the decree holders. Drain pipes are also there, which open in the Naala, vide which the dirty/waste water is still going into the land of the decree holders. From the photographs proved on record as Ex.A1 to Ex.
A12, it is clear that still dirty/waste water used to stagnate in the property in question and the water is going through the drains directly into the pond, without passing through the screening chambers. In the considered opinion of the court there is every chance of spreading of disease at the spot, due to dirty/waste water and other waste material lying in the pond.
respondents is not useful in order to drain out the dirty water from the land of the decree holders. The photographs placed on record as Ex.A1 to Ex.A12 shows the actual position at the spot, as per which the position is worst and dirty water is regularly falling into the land of the decree holders, due to which they are suffering a lot. Thus, from the above report it is quite clear that applicants/D.H. are still suffering a lot as needful, as per judgment and decree dated 05.07.2018 has not been done by the respondents/J.Ds"
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$ (1) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced in the case of a decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction by his detention in the civil prison, or by the attachment of his property, or by both.
(2) Where the party against whom a decree for specific performance or for an injunction has been passed is a corporation, the decree may be enforced by the attachment of the property of the corporation or, with the leave of the Court, by the detention in the civil prison of the directors or other principal officers thereof, or by both attachment and detention.
(3) Where any attachment under sub%rule (1) or sub%rule (2) has remained in force for six months if the judgment%debtor has not obeyed the decree and the decree%holder has applied to have the attached property sold, such property may be sold; and out of the proceeds the Court may award to the decree% holder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment%debtor on his application.
!Where the judgment%debtor has obeyed the decree and paid
all costs of executing the same which he is bound to pay, or where, at the end of six months from the date of the attachment, no application to have the property sold has been made, or if made has been refused, the attachment shall cease.
(5) Where a decree for the specific performance of a contract or for an injunction has not been obeyed, the Court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to be done may be done so far as practicable by the decree%holder or some other person appointed by the Court, at the cost of the judgment%debtor, and upon the act being done the expenses incurred may be ascertained in such manner as the Court may direct and may be recovered as if they were included in the decree. Explanation - For the removal of doubts, it is hereby declared that the expression "the act required to be done" covers prohibitory as well as mandatory injunctions."
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