JODHPUR VIDHYUT VITRAN NIGAM LTD Vs. KALWANT SINGH

JUDGEMENT

(1.) Petitioner Jodhpur Vidhyut Vit-ran Nigam Limited has filed this writ petition under Articles 226 and 227 of the Constitution to assail judgment and award dated 22nd of April, 2019, rendered by Permanent Lok Adalat, District Sri Ganganagar. By the impug-ned judgment and award, learned Permanent Lok Adalat partly allowed the claim petition of first respondent under Sec. 22-C of the Legal Services Authorities Act, 1987 (for short, ' Act' ).

(2.) The facts, in brief, are that respondent Kulwant Singh filed an application/complaint before the Permanent Lok Adalat, inter- alia, on the ground that his agricultural command land situated at Chak 3-B of Badi Tehsil, District Sri Ganganagar bearing Killa Nos.16/17/24-25 and parallel to that Killa Nos.18 and 23 of Murabba No.5, admeasuring 10-10 biswa, total 5 bigha, is yielding agriculture produce including wheat crops. It is further averred by respondent that petitioner-Department has installed 11000 KV line and its poles are also erected in his agricultural field. It is further averred that from time to time agriculturists of the area apprised the petitioner-Department that wheat crop is ripe and 11000 KV line is loosely knitted, and therefore, due to natural calamity of high flow of air, the crop can be damaged. However, despite requests made no heed was paid by the department and all the efforts of agriculturists went to deaf ears. It is further averred that on the fateful day of 21/4/2018 due to storm and thunder, the loose wires joined each other and that created sparks resulting in breaking out fire at the site and wheat crop of the complainant burned to ashes. In totality, attributing total callousness and negligence on the part of petitioner-Department, the respondent complainant claimed damages to the tune of Rs.2,00,000.00 with Rs.50,000.00 towards mental distress and Rs.11,000.00 for litigation expenses.

(3.) Complaint/Claim is contested by petitioner-Department by filing return and refuting all the averments.