The central legal point established in the judgment is that the construction of public utility works by the Gram Panchayat should not be stalled based on illusory apprehensions, and the well-defined principles governing the grant of temporary injunction should be considered.

M.L. Singhal, J. - This is Civil Revision against the order dated 16.9.1996 of Additional District Judge, Ludhiana whereby he set aside the order dated 12.11.1993 of Sub Judge IInd Class, Jagraon, who had restrained the Gram Panchayat from constructing the drain for discharging sullage water through site shown by letter ABC in the plan attached to the plaint.

2. Facts :

Jasminder Singh etc. filed suit for permanent injunction restraining the defendant Gram Panchayat of Village Boparai Kalan from constructing drain for discharging the sullage and rainy water through site ABC shown in red in the site plan attached to the plaint situated in the area of village Boparai Kalan. It was alleged in the plaint that Jasminder Singh plaintiff No. 1 is owner of residential house shown in yellow in the said site plan, Gurpreet Singh minor plaintiff is the owner of residential house shown in blue in the said site plan attached. Gurdev Kaur plaintiff No. 3 is the owner of the residential house shown in green in the said site plan. Jeon Singh plaintiff No. 4 is owner of residential house shown in Jamuni in the said site plan. These residential houses about the site ABC. Sullage and rainy water of these houses has been following towards eastern side and then falling into the pond situated on the eastern side shown in blue in the said plan for the last so many years, no body has ever made any obstruction in the flow of the sullage and rainy water of these houses towards the pond Gram Panchayat has never made any obstruction in the flow of sullage and rainy water of these houses towards the eastern side. Defendant Gram Panchayat is proposing to construct drain for discharging the sullage and rainy water of these houses through site ABC towards the western side of the houses of the plaintiffs. There is no out let of water towards the western side of the houses of the plaintiff. On the western side, there is a canal minor, water cannot go beyond as there is canal minor on the western side of the houses of the plaintiffs. Sullage and rainy water of the village will be blooded into the houses of the plaintiffs and emit obnoxious and foul smell. Slope of the site shown red in the plan in from west to east.

3. Along with the plaint, plaintiffs made application for the grant of temporary injunction restraining Gram Panchayat from constructing drain through site ABC for the discharge of sullage and rainy water of their houses through site ABC.

4. Defendant Gram Panchayat opposed this prayer of the plaintiffs urging that the plaintiffs do not have any genuine grievance to be redressed by the Court. They are hampering the development work of the village. Site plan furnished by the plaintiffs showing the location of their houses is wrong. I was denied that the sullage water of the houses of plaintiffs No. 1 to 3 falls in the village pond. Village Panchayat with a view to provide drainage facility in that locality started the construction of the drain per the natural flow which is east to west. It was urged that out of 400 feet of proposed drain about 1/3rd of the drain has been constructed. Defendant has decided to provide disposal of the water of this drain in its land located just close to the canal minor. There is sufficient land belonging to the Gram Panchayat located at the point, which can serve as disposal site for the water to be drained through the disputed drain. There is also another proposal to put the water of this drain into existing drain along the canal minor and through that drain to take water into the "Badrao" existing underneath the canal minor. There is another piece of land of the Gram Panchayat across the minor just close to the aforesaid babdro. Sullage and rainy water will not be flooded into the houses of the plaintiffs, if this drain is constructed for the draining of sullage and rainy water from east to west, which is the natural flow of water. Vide order dated 12.11.1993 Sub Judge IInd Class, Jagraon allowed this applicat