SANSAR SINGH Vs. STATE AND OTHERS

JUDGEMENT

(1.) The petitioners in this petition are seeking a direction to respondent Nos. 1 to 5 to pay the compensation to the petitioners to the tune of Rs.27,04,300/- as assessed by the respondents. The petitioners also claim a sum of Rs.1,00,000/- in respect of construction of a school building which they claim, too had damaged in the unfortunate incident that happened on 26.02.2005.

(2.) Briefly stated the facts leading to the filing of this writ petition are:-

(3.) Respondent Nos. 1 to 5 and respondent Nos. 6 and 7 have filed separate set of objections. In the reply affidavit filed by respondent Nos. 1 to 5, the loss/damage caused to the properties of the petitioners is not specifically denied. However, it is the stand of respondent Nos. 1 to 5 that the damage had occurred due to a natural calamity and by an act of God and, therefore, no fault or negligence is attributable to respondent Nos. 1 to 5. They have also disputed the assessment made on account of damage caused to the land of the petitioners. They rely upon a report of the Department of Soil Conservation which has opined that the damaged land can be reclaimed by spending an amount of Rs.5,08,870.00 and, therefore, other than the aforesaid sum, no separate compensation for the damage caused to the land is payable.