STATE Vs. RANDHIR SINGH

JUDGEMENT

(1.) This first appeal is directed against the judgment and decree dated 29/1/1991 passed by Addl. District Judge No.1, Hanumangarh camp Sangaria, whereby, the suit filed by the respondents - plaintiffs for compensation amounting to Rs.23,000/- has been decreed.

(2.) The suit was filed inter alia with the averments that the plaintiffs were having land ad measuring 23 Bigha and they were undertaking the agricultural operations in partnership. In the year 1982-83 the plaintiffs had sown the crop of wheat. For the purpose of saving the crops from unregulated water from the river Ghaghar, the State Government had constructed a canal in the year 1964, whereby, the water was diverted to the lake. The Banks of the canal had the capacity of 18700 Cusec water and for controlling the flow of water, 24 gates were constructed at R.D. 42 and by way of escape constructed at R.D. 24 excess water is drained. The canal is about 400 ft. wide. In the last week of January, 1983, on account of heavy rains, in the catchment of river Ghaghar about 2500 cusec water reached the canal on 29/9/83, which was comparatively small quantity looking at the capacity of the canal, however, on account of negligence and carelessness of the officers, the gates at R.D.42 were not opened resulting in water getting collected at one place and on account of obstruction in the water flow, the water got collected, resulting in two cuts each 50 ft. wide near village Masani and Sherenka, whereby, the water entered the fields of the plaintiffs and other agriculturists. The entire crop of wheat was flooded, resulting in plaintiff losing the entire crop.

(3.) It was indicated that the crop would have yielded 30 quintals wheat per bigha from which the plaintiffs were deprived. It was claimed that the estimated value of the crop was Rs.46,000/-. The cuts were not repaired and in case the officers of the State had taken due care, the same would not have resulted into loss to the plaintiffs and, therefore, they were entitled for compensation from the State. A notice under Section 80 CPC was issued, however, the same was not responded to. Ultimately, it was prayed that a decree for Rs. 23,000/- be granted.