STATE OF ASSAM Vs. SUNANDA KALITA

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 12.12.90 passed by the learned District Judge at Nalbari in Money Suit No. 11 of 1986. By the impugned decree the learned Judge decreed the suit for Rs. 82,000/-. Hence, this appeal.

(2.) The case of the plaintiff was that they are permanent residents of village Tantra Sankar, Mouza Khata having both movable and immovable properties described in the Schedule and to protect their hearth and home, the Govt. of Assam constructed an embankment on the bank of river Pagladia in 1954 and as a result of construction of the aforesaid embankment a big artificial water reservoir was created. Their allegation is that the western side of the river pagladia's embankment was not properly maintained and repaired as required considering the potential danger of great magnitude to the people residing in the vicinky of the embankment. On 15.9.84 in the embankment near the house of the plaintiff leakage of water was caused resulting the breach of the embankment about 500 metres and this breach allowed high water flood which washed away the entire belongings of the plaintiffs. The defendant has opposed the suit on. some fact and law and mainly on the ground that it was an act of God and there was unprecedent flood and there was no lapse whatsoever on the part of the personnel of E &D Deptt. They could not do anything to save the situation.

(3.) As many as 9 issues were framed in the suit and they are as follows :