NAGI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal arises out of a suit brought to recover Rs. 60,000/- by K. Nagi Reddi for damage sustained by him as a result of percolation of water in Branch Canal ten, under Nagarjucasagar Project, for that canal, the State had acquired Ac. 29-59 cents in Thakkallapadu Village including Ac. 0-77 cents owned by Nagi Reddi (the landholder) in survey No. 381/ A-2. The acquired land was taken possession on August 10, 1963. The reference Court under the Land Acquisition Act I of 1894 awarded him on September 23, 1970 for the land and a well, compensation amount of Rs. 39,616-15ps. The claim of the landholder for Rs. 60.000/- before the reference court for likely lost of orchard in one part of the land in S. No. 381/A-2, ha was directed to seek relief in a civil court. The instant suit was laid on November 15, 1971 for loss of one hundred and thirty five mango trees, fourteen lemon trees, forty five organge 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 tenth canal across his land by the State Government and his two hundred and eighty five fruit bearing trees witherad. 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 .n laying the canal.

(2.) The Subordinate Judge, Narasaraopet on October 10, 1974 held there was no expert evidence to show what caused the dau.age to two hundred and eighty five trees. Ihe canal was not defectively laid. Ab oi fact, the canal water, it was held, did not percolate in to 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 tor Rs. 13,575/- and in another year, to K. Yonaa ot the same village it was leased for Rs. 15,180, The tenant of the two cases, B. Ramulu was examined. The village Headman, I. Koureddy deposed the orchard was planted in 1959. The claim of damages by tae landholder in 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 tne negligence of the Staie Government on facts and evidence ot the case is established.