THE STATE OF MIZORAM Vs. ZORAMLIANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 1.03.2011 passed by the learned Senior Civil Judge -I, Aizawl District, Aizawl in Civil Suit No. 14 of 2008 decreeing the suit in favour of the respondent. The suit was filed by the respondent as a plaintiff against the State -appellants for payment of compensation not less than Rs. 6 lakhs to him for the damage/destruction caused to his land and building covered by Land Settlement Certificate No. 103702/01/1232 of 2007 and the movable and immovable properties including the crops standing thereon with pendente lite interest at the rate of 12 % per annum till actual realization of the decretal amount. The case of the respondent -plaintiff is that the State appellants i.e., Public Works Department had a plot of land just above his land and started constructing drain/ditch which extended up to his land in January, 2007 and that the purpose of the drainage system was for draining water from their said land during monsoon season. Sensing danger (landslide) likely to cause to his land because of the direct flow of drainage water from the land of the appellants to his land, he submitted a complaint/representation to the State appellants expressing his apprehension that there was likelihood of landslide being caused to his land due to construction of the said drainage thereby endangering his life and the lives of his family members and requesting them either to demolish their drain or to extent/lengthen the drainage system up to his land so as to prevent such landslide during rainy season. The Village Council and the Disaster Management also sent several representations to that effect, but to no effect. It is also the case of the respondent that as apprehended by him whenever monsoon season set in, there used to be heavy pouring of rain water from the drain of the State -appellants thereby causing crack in his land raising the possibility of landslide following suit. The respondent, with the help of his friends, used to fill up the cracked portion whenever required and also took preventive measures within his land. But however, the efforts made by him to this effect were proved to be futile. This compelled him to vacate his land and building, which was subsequently demolished. After the landslide occurred, Chairman of the Disaster Management Committee and President of Zonuam Village Council submitted a letter to the State appellants that construction of the drainage system by them was solely responsible for the landslide. The respondent also submitted report to the Deputy Commissioner, Aizawl to this effect. This prompted him to institute the suit in question for compensation/damages.

(2.) THE State respondents through the learned counsel put in their appearance and were required to file the written statement on 28.04.2008. However, they failed to file the written statement for some time whereupon the trial court gave the last chance for filing the written statement and fixed 8.09.2008 for the same. When the State appellants still failed to file their written statement, the trial court proceeded with the case ex parte and directed the respondent to give his evidence. The trial court, however, subsequently decided no to take the evidence of the respondent and disposed of the suit under Order 8 Rule 5 (CPC) by pronouncing the judgment on the basis of the pleadings of the respondent and decreed the suit. Aggrieved by this, the State appellants are now filing this appeal.

(3.) BEFORE proceeding further, it may be beneficial to reproduce hereunder the provisions of Order 8 Rule 5(2) of the Code of Civil Procedure: -