P.C.MISHRA, MRINALINI PADHI
HEMSAGAR NAIK – Appellant
Versus
STATE OF ORISSA – Respondent
Mr. Justice P.C. Misra, President —The complainant in this case has claimed a compensation of Rs. 32,56,000/alleging that due to excess flow of water through a canal which gradually damaged the ridge of the canal and flowed over his cultivable lands measuring A. 4.68 decs. and gradually turned it to be a ditch unfit for cultivation. According to him, a water reservoir was constructed on river Ichha at Lephripara from where canals have been drawn in different directions to provide water for cultivation purposes. According to the complainant, the opposite parties are collecting water tax from the persons whose lands are being irrigated from the said water channels and, therefore, they are consumers as defined in the Act. The complainant has alleged that initially there was leakage in the course of flow of water and gradually the ridge of the canal became damaged and the flow of water over the plot respecting to the complainant made it unfit for cultivation. This has begun from the year 1982 and is continuing and the complainant has brought this fact to the notice of authorities who never took any corrective measures as a consequence of which the complainant has suffered as state
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