Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Claim for compensation Damage to private property Compensation Article 142 of the Constitution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Damage to private property — Claim for compensation ~ Release of 60,000 cusecs of water from dam ~ Because of release of water, land of appellants with standing fruit bearing trees got submerged resulting in destruction of many trees — Whether the act of releasing the water from the dam amounted to negligence on the part of respondents or it was inevitable due to heavy rains and be treated as an ‘act of God’ ~ Held: It was incumbent upon the respondents to demonstrate, by adequate evidence, that the water in the dam was kept at reasonable and proper level to take care of normal rains; that the rains in the said monsoon season were more than the ordinary rains which could not be foreseen; and that the public purpose was served in taking the decision to release the water which prevented larger catastrophe — Merely by saying that the level of water in the dam increased because of monsoon rains and that the water was released in public interest cannot be treated as discharging the burden on the part of the respondents in warding off the allegation of negligence — In view of the principle laid down in *Rylands v. Fletcher, onus was on the respondents to discharge such a burden, and it has miserably failed to discharge the same - On that basis, there was a negligence on the part of the respondents which caused damage to the fields of the appellants ~ In exercise of power under Article 142 of the Constitution, damages awarded to the tune of Rs. 5,00,000 — Negligence. Quantum of damages — Determination of — Held: Where a wrong has been committed, the wrong-doer must suffer from the impossibility of accurately ascertaining the amount of damages — Likewise, the party claiming compensation must give the best evidence to prove damages. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 398 |
Petitioner | Vohra Sadikbhai Rajakbhai & Ors. |
Respondent | State Of Gujarat & Ors. |
SCR | [2016] 2 S.C.R. 772 |
Judgement Date | 2016-05-10 |
Case Number | 1866 |
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