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2022 Supreme(Bom) 672

IN THE HIGH COURT OF BOMBAY AT GOA
A.K. MENON, J
Mr. Suresh A. Kamat, S/o late A.V. Kamat – Appellant
Versus
The Chief Secretary of Goa, Secretariat Complex – Respondent
First Appeal No. 114 of 2018
Decided on : 12-04-2022

Advocates:
Advocate Appeared:
Mr. Vibhav Amonkar, Ms. Priyanka Kamat, Advocate

Headnote:

Civil Suit - Appeal assails order and judgment passed in Civil Suit by District Court, South Goa, and seeks relief in terms of reliefs in suit - Appellant submitted that he would prefer to file written submissions and then be heard in person - Written submissions are on record but hearing of this appeal, he sought leave to file further written submissions which was permitted and accordingly written submissions has now been placed on record - Held, Appellant has not established his claim, no documents whatsoever have been produced in support of the claim and that there is no evidence adduced in support of the monetary quantification - Material brought on record and to which the trial Court has made reference, indicates that appellant failed to prove the loss incurred. It is not necessary to examine the aspect of limitation in view of the fact that even on aspect of limitation, it has found the appellant's claim for loss from April 2009 - Claim for compensation for allegedly destroying his business loss suffered due to the remaining of Tanker idle and causing monetary quantification which relate to 2009, the suit has only been filed in August 2016. Issue to limitation also is held against the appellant - Appeal is dismissed.

JUDGMENT :

1. This appeal assails order and judgment dated 19.04.2018 passed in Civil Suit no. 37 of 2016 by the District Court, South Goa, and seeks relief in terms of the reliefs in the suit. The appeal came to be admitted on 16.01.2019.

2. The appellant appears in person. The appeal has been taken up on priority for hearing. The Registry has meanwhile found the appellant fit to appear before the Court in person and advance submissions provided he is assisted by one other person during the course of the hearing for explaining the questions posed to him in view of his hearing being slightly impaired. At the hearing of this appeal, Mr. Vibhav Amonkar, was good enough to assist the appellant.

3. At the outset, the appellant submitted that he would prefer to file written submissions and then be heard in person. Written submissions dated 30.03.2022 are on record but the hearing of this appeal, he sought leave to file further written submissions which was permitted and accordingly written submissions dated 28.03.2022 has now been placed on record.

4. By way of factual background, I find that the Civil Suit was filed by the applicant against The Chief Secretary, Goa Chief Engineer and Appellate Authority and The Executive Engineer and Ground Water Officer (South), Government of Goa, Office of the Executive Engineer. It is the case of the appellant that he was engaged in the business of supplying ground water to various customers in and around Vasco Da Gama during 2008-09. He was a owner of a Water Tanker bearing registration no. GDS 4731, (hereinafter referred to as the 'Tanker').

5. The defendants were being sued in their capacity as they are allegedly personally responsible for the affairs of the Water Resources Department including the ground water cell. The appellant did not own any well or any other source or ground water. He would normally transport ground water from wells in and around the city of Vasco Da Gama including PWD supplies. According to the appellant, there were 20 odd wells supplying water in the Vasco Da Gama area and about 25 water Tankers operating. It was then a flourishing business.

6. In February 2009, he received a notice from the third defendant alleging that he owned a bore-well at Vasco Da Gama and that he was engaged in sale and transporting of ground water by Tanker. The well allegedly owned by him was located in a scheduled area under the Goa Ground Water Regulations Act 2002 and Rules 2003 (herein after referred to as 'the said Act'). The Well had not been registered with the Ground Water Resources Division and further that he was transporting water without permission. He was asked to show cause why action should not be taken against him.

7. The appellant immediately contacted the respondent no.3 and informed him that he did not own any well and that he purchased water from several well owners in that area. He owned only one Tanker and that transportation of water was his main source of income. He was unaware that he was operating in a Scheduled Area but on receipt of the said show cause notice, he promptly stopped operating the Tanker. On 02.03.2009, he received yet another notice directing him to stop all transportation of ground water till permission was granted to him by the Water Resources Department. (WRD, for short). He promptly complied and also sought clarifications from the Department. Meanwhile, he was served with notice under Section 149 of the Criminal Procedure Code (Cr.P.C.).

8. The appellant thereafter visited the Vasco Police Station and informed the Officer in charge that he had stopped the business of transportation after receipt of the notice and he would be applying for a proper permission. On 16.03.2009, he is believed to make an application under Form V, describing his Tanker and seeking for registration. It was received by the WRD on 18.03.2009. It is his case that he tried to in

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