SELECTION GRADE MUNICIPALITY WARANGAL Vs. PILLAMARRI VISWANATHAM

JUDGEMENT

(1.) In this batch of appeals, the first defendant filed the three appeals and the second defendant filed the other three appeals against decrees of the Court below, awarding damages in each suit to the first respondent in each of the appeals. Common questions of fact and law arise for decision in these appeals; hence, they are being disposed of, by a common judgment. The facts in O.S.No.99/1972 (A.S.No.1236/1977), may be stated in brief same are the facts in the other matters.

(2.) The first respondent is the Contractor working a Mill, by name, Erukulla Maddi Ramulu Rice Mill, at Warangal town. On October 20, 1971, there were unprecedented rains starting at midnight lasting nearly eight hours, resulting in flow of storm water in abundance which was to pass through several vents at point Nos.3 to 6 marked in the plan, Ex.B-3. The South Central Railway authorities were laying a second railway-line between Secunderabad and Vijayawada. They dumped heap of earth blocking culvert Nos.482 and 481 fully i.e. vent Nos.4 and 5 and a major portion of culvert No.480/A i.e. No.6 to the northern-side preventing flow of storm water through the vents in these culverts. Culvert Nos.4 and 5 had only one vent each and culvert 6 had 12 vents, out of which, 10 were completely blocked and 2 were partially blocked. Vent No.3 was blocked due to silt formation. As a result, there was blockade of water and receded back inundating the Mill and caused damage to the stocks of rice, broken rice, bran and gunny bags. The values thereof in the respective Mills, have been stated. He claimed that the Municipality and the Railway Administration owe a duty to see that the water is discharged freely. On account of their negligence, water could not pass-through vents, thereby it resulted in damage to their goods. Therefore, they are liable to be compensated for the loss caused to the first respondent.

(3.) The appellants have filed separate written statements, denying their liability. It is stated that, on account of the unprecedented rain, there was abnormal and heavy flow of rain water coming from Warangal Fort, Chintala, Perkawada and Shivanagar localities. The He of the land is from East to West. They take a diversion at the railway-line and pass towards the South discharging the entire water through the railway vents into the Badri tank. They have nothing to do with the blockade of the vents. They are not negligent, as pleaded, for the blockade of the flow of rain water.