LAWS(HPH)-2006-12-30

RANBIR SIPAHIYA Vs. STATE OF H.P.

Decided On December 19, 2006
Ranbir Sipahiya Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) PLAINTIFFS , who are husband and wife, have filed this suit for recovery of Rupees twelve lacs against the State of Himachal Pradesh and its servants, impleaded as defendants No. 1 to 5, on the following cause of action.

(2.) PLAINTIFFS purchased a piece of land measuring six Biswas by the side of National Highway 22 at village Anjhi, Tehsil and District Solan, for construction of a house. They constructed a multi-storeyed structure covering an area measuring 8.69 X 16.02 meters. At the road level they constructed two shops and two storeys below the shops, they constructed residence having three bed rooms, kitchen, bath, toilet. Besides, they developed an open terrace and passage. The building was a reinforced cement, concrete structure. RCC retaining walls were also constructed for the protection of the building. The defendants did not maintain the National Highway near the site of the house of the plaintiffs properly. They provided wire-crates on the valley side for the protection of the Highway, but the same had not been properly placed in the sense that neither they had firm base nor any firm footing. Soling of the road near the house of the plaintiffs was also not properly done. Repair of the road was not carried out regularly. On the hill side no drain was provided for the flow of the rain water with the result that the rain water seeped into the road as also the site underneath the wire-crates. The plaintiffs had been requesting the functionaries of defendant No. 1 repeatedly for repairing the road and providing proper Dangas / retaining walls in place of unsteady wire-crates and also for constructing drain towards hill side for carrying the rain water, but no heed was paid to their requests. On the night of 17.7.2000 the road, above the house of the plaintiffs, slipped towards the valley side in the middle and the wire-crates and the debris of the road fell on the house of the plaintiffs, razing it to the ground. The plaintiffs had spent Rupees twelve lacs on the construction of the house. They had withdrawn money from their General Provident Fund Accounts besides spending their savings and raising loan from Life Insurance Corporation. According to them, it was on account of unplanned and haphazard placement of wire-crates, non- maintenance of the National Highway and the non-providing of drain towards the hill side by the functionaries of defendant No. 1, that the slipping of the road in the middle towards the house of the plaintiffs and thereby completely destroying their house took place. So they have claimed damages on account of negligence on the part of the functionaries of defendant No. 1.

(3.) IN the replication the plaintiffs have denied the allegations made in the written statement and reiterated the version given in the plaint.