STATE OF MYSORE Vs. RAMCHANDRA GUNDA

JUDGEMENT

(1.) THIS is an appeal by the State of Mysore challenging the orders passed by the two lower Courts granting damages to the plaintiff for loss caused by reason of water overflowing from a reservoir constructed for the residents of Nipani.

(2.) IN order to provide drinking water facilities to the town of Nipani, the State Government erected a reservoir adjoining Survey Nos. 92 and 93 at village Arjuni. Survey Nos. 92 and 93 belong to the plaintiffs. The construction of the reservoir was completed in 1954 by the Water Works Department. By a notification under Section 4 of the Land Acquisition Act issued on September 27, 1955, Government proposed to acquire part of the land belonging to the plaintiffs for the purpose of constructing a channel for carrying the overflow of water from the reservoir to the Nala which is at a distance of about 1500 feet from the waste - weir of the reservoir. By private negotiation possession of the necessary land was taken by the State Government on October 21, 1956. However, the channel was not constructed except to the extent of about 250 feet on the side of the Nalla. The construction of the channel was not attempted from the waste - weir towards the Nalla. On November 14, 1957, there was heavy rainfall of 2 - 1/2'' in four hours and the water from the reservoir overflowed into the waste - weir and thereafter flowed over the land belonging to the plaintiffs. Considerable damage was caused both to the land and to the crops. Plaintiffs therefore came to Court seeking damages for the loss occasioned to him by reason of the overflow of the water which had collected in the reservoir. Plaintiffs' case was that due to the negligence of the defendant in not taking proper precautions to guard against the overflow, the loss was caused to the plaintiffs.

(3.) THE defendant - State did not dispute the following facts, namely that the reservoir was built, that there was overflow due to heavy rains in November 1957 and that the loss assessed at Rs. 3,000/- was caused. The defendant's stand, however, was that the Mysore Government through its Engineering Department had taken proper legal and timely action in this case and that adequate and proper compensation has been paid to the plaintiffs under the provisions of the Land Acquisition Act. It denied the contention of the plaintiffs that the plaintiffs had suffered loss to his land due to the negligent act of the servants of Government. Lastly it was contended that the Government was not liable for tortuous acts or negligent acts of its servants. It was their further contention that it was an act of God and therefore nobody was liable.