KAMATHAM NAGIREDDI DIED Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Appeal arises out of a suit brought to recover Rupees 60,000 by Nagi Reddy for damage sustained by him as a result of percolation of water in branch canal ten under Nagarajunsagar project. For that canal, the State had acquired Ac. 29-59 cents in Thakkalapadu Village including Ac. 0-77 cents owned by Nagi Reddi (the landholder) in Survey No. 381/!-2. The acquired land was taken possession of on August 10,1963. The reference Court under the Land Acquisition Act of 1894 awarded him on Sept. 23, 1970 for the land and a well, compensation amount of Rs. 39,611-15 ps. The claim of the landholder was for Rs. 60,000 before the reference court for likely loss of orchard in one part of the land in S. No. 381/A-2. He was directed to seek relief in a civil court. The instant suit was laid on Nov. 15, 1971 for loss of one hundred and thirty five mango tree, fourteen lemon trees, forty-five orange trees, twenty one sapota trees, twenty two batavia trees, thirty two soapnut trees, seven jackfruit trees, one dabba tree and one usirika tree. The landholder averred his orchard was damaged due to faulty laying of the tenth canal across his land by the state Government and his two hundred and eighty five fruit bearing trees withered. The state Government denied liability and contended, the tenth canal was constructed as per specifications prescribed for irrigation canals. There was no negligence in laying of the tenth canal. Any loss occasioned to the landholder, was not due to any defect in laying the canal.

(2.) The subordinate Judge, Narasaraopet on 10/10/1974 held there was no expert evidence to show what caused the damage to two hundred and eighty five trees. The canal was not deceptively laid. As of fact, the canal water, it was held, did not percolate into the land in the orchard.

(3.) The evidence adduced by the landholder disclosed the orchard was leased to P. Vykuntam of Thakkellapadu in one year for Rs. 13,575 and in another year, to K. Yohan of the same village it was leased for Rs. 15,180. The scribe of the two leases, B. Ramula was examined. The village Headman, I. Kotireddi deposed the orchard was planted in 1959. The claim of damages by the landholder of Rs. 60,000 on the evidence was recorded not excessive. The suit, however, was dismissed. In this appeal, the landholder seeks to review the evidence and contends that the negligence of the State Government on facts and evidence of the case is established".