HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 303/2014 Ved Prakash …..Appellant(s)/Petitioner(s) Through: Mr. Pawan Kumar Kundal, Adv. vs State of J&K and others .…. Respondent(s) Through: Ms. Pallvi Sharma, Adv. vice Mr. Ravinder Gupta, AAG Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 10.02.2025 Oral: 1. The instant writ petition has been filed by the petitioner for directing the respondents to compensate the petitioner for an amount of Rs 50,400/- along with interest @12% per annum in lieu of the damage caused to his wheat crop because of short circuit of electric wire. It is stated that on 09.05.2011 due to short circuit of the main wire passing over the field of the petitioner, his wheat crop got damaged due to fire. The matter was reported to the Police also which was entered into Daily Diary Report of Police Post Lambari on 10.05.2011 vide Report No. 7. The Revenue Officer including the Deputy Commissioner concerned also visited the spot. The Revenue Authorities entered the same in their record as well. The total loss suffered was assessed to be Rs. 50,400/-. The petitioner has placed on record copies of the Roznamcha, report of the patwari halqa and the loss assessment report prepared by the revenue authorities i.e. Tehsildar Nowshera. 67 2 OWP No. 303/2014 2. It is further stated that the report in respect of the loss suffered by the petitioner was forwarded to Executive Engineer, EM&RE Division, Rajouri, respondent No. 3 herein for payment of compensation and the Deputy Commissioner, Rajouri vide communication dated 19.08.2011 requested the Executive Engineer EM&RE respondent No. 3 herein to look into the matter and take appropriate action but despite that no compensation was paid, which prompted the petitioner to file the instant petition. 3. The respondents have filed the response stating therein that the damage to the wheat crop on 09.05.2011 due to short circuit of LT Line at Lambheri was due to area experiencing heavy wind-storm at about 11 AM and due to heavy wind, the Three Phase LT Line of 100 KVA got short circuited resulting into fire to the wheat crop stacked below Three Phase LT Line in the field and at 12 midnight, the Fire Services Department Nowshera controlled the fire after hectic efforts. 4. Heard learned counsel for the parties and perused the record. 5. The perusal of the record reveals that the Revenue Authorities has assessed the loss of the crop suffered by the petitioner for an amount of Rs. 50,400/-. A perusal of communication dated 19.08.2011 reveals, the Deputy Commissioner, concerned, while addressing to Executive Engineer, has also mentioned that meager amount has been sanctioned in favour of the petitioner and along with the said communication loss assessment report was also furnished. Further there is an admission on the part of the respondents that the wheat crop of the petitioner suffered 3 OWP No. 303/2014 damage because of short circuit of Three Phase LT Line passing over the field of the petitioner, though the respondents have stated that it was because of heavy wind, there was short circuit. 6. Be that as it may, it was the duty of the respondents to maintain Three Phase LT Line in such a manner, so as to prevent the short circuit because of heavy winds. Otherwise also there is nothing on record to demonstrate that there was wind storm that night, which resulted into the short circuit. 7. In view of the above, the present petition is disposed of with a direction to the respondents to pay an amount of Rs. 50,400/-to the petitioner along with interest @6 % per annum from the date of filing of this petition till the amount is actually paid. The needful be done within a period of three months from today failing which, the interest payable to the respondents shall be increased to 9%. 8. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 10.02.2025 Rakesh Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Rakesh Kumar 2025.02.19 12:35 I attest to the accuracy and integrity of this document