Decided on October 05,2006

HVPN Appellant
BHAG RAM Respondents


- (1.)NONE is present on behalf of the respondent, although Sh. Ashwani Verma, Advocate had appeared on behalf of respondent on the last date of hearing. Hence, respondent is proceeded against ex parte.
(2.)THERE is a delay of 7 days in filing the appeal. An application accompanied by duly attested affidavit of Sh.V.K. Singla, Executive Engineer has been filed. For the reasons stated in the application, the delay is condoned.
(3.)BRIEFLY stated the facts are that the respondent Sh. Bag Ram had taken on lease land measuring 16 canals situated in the revenue estate of Village Chankothi, Tehsil Ratia, District Fatehabad from Sh. Govind. The said land was having tubewell and the electric connection was in the name of Govind bearing No. JD/03. The respondent was using the tubewell of Govind to irrigate the land.
The over -hanging cable passed through the field of Govind. On 24.4.1998 there was a sparking from the cables as a result of loose cables due to which wheat crop of the respondent was burnt. Accordingly, he informed Police Station, Ratia where D.D.R No. 20 dated 26.4.1998 was recorded. He also reported the matter to Sub -Divisional Agriculture Officer, Fatehabad. The Agriculture Development Officer visited the spot and prepared the inspection report. According to him the wheat sown in Khasra Nos. 218/15 -16 of HD -2329 variety was totally burnt and he assessed the loss of Rs. 27,400 on account of burning of the crop. Since, the crop was fully mature for harvesting so, after deducting the labour charges for harvesting to the tune of Rs. 2400, he assessed the net loss of Rs. 25,000.

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