RAJU Vs. STATE OF H.P.

JUDGEMENT

(1.) The case of the petitioner is that a two storeyed house belonging to the petitioner was damaged by the debris caused by the construction of a road from Kangal to Kotighat. The petitioner estimated the damage at Rs. 2 lacs and claimed the said amount in this writ petition with interest at the rate of 24% per annum with effect from 25 -1 -1994.

(2.) The petitioner has annexed certain documents to the application. One of the Annexures shows that the Patwari of Kangal Circle, Tehsil Kumarsain, District Shimla estimated the damage at approximately Rs. 45,000. But the same Annexure shows that the Field Kanungo has refused to agree with that estimation and merely pointed out that the claim of the petitioner was that two storeyed house had been damaged. The Kanungo has said that the estimate of damage should be carried out by the Public Works Department and the damage case should also be sent to the Public Works Department. The Public Works Department estimated it at Rs. 16,964.

(3.) In the reply filed by the respondents, it is stated that the claim of the petitioner that there was a two storeyed house was merely an illusion by the petitioner. On the other hand, there were two Cow sheds, one gallery in the house of the petitioner in the ground floor and three rooms with kitchen and Verandah in the first floor. In paragraph 7 of the reply, it is stated that after inspection by the Technical Officer of the respondent -Department at the level of the Assistant Engineer, the said Officer has estimated the damage at Rs. 16,964, The learned Advocate General represents that the respondents are prepared to pay that amount to the petitioner herein.