Sh. Ramesh Kumar and Others vs The State of Haryana and Others

Ranjan Gogoi, C.J.—The petitioners (10 in number) claim to be the owners of about 10.5 acres of agricultural land situated in Village Sutana, Tehsil and District Panipat, which land is adjoining the Panipat Thermal Plant. According to petitioners, on account of seepage of water from the thermal plant there is water-logging in the land belonging to them rendering the same unfit for cultivation. The writ petition filed in the year 2008 has remained pending primarily on account of the requests made from time to time for filing of affidavits by the contesting parties. A reading of the said pleadings indicates that highly disputed questions of fact have surfaced, inasmuch as, whereas, according to the respondents the land has been made suitable for cultivation, the reply of the petitioners to the aforesaid stand is that water-logging continues to persist. Photographs have been enclosed by the petitioners to bring home the aforesaid point which photographs themselves are being disputed by the respondents by saying that they belong to some other land and not to the land adjoining the thermal plant which is subject matter of the present writ petition.

We are afraid that we cannot continue to entertain this writ petition in view of the highly disputed questions of facts that have emerged. In any event, if water-logging persists and damage has been caused to the land of the petitioners, they are entitled to seek damages by instituting an appropriate action in a competent court of law which they may still do, if so advised. In view of above, we do not consider it necessary or feasible to keep this writ petition pending any further. It is accordingly disposed of in terms of the above order.