Jammu, Oct 14: The High Court of Jammu and Kashmir and Ladakh has upheld a ₹7.2 lakh compensation award to a Ramban resident whose house was damaged following road construction work, dismissing an appeal filed by PMGSY authorities.
Justice Shahzad Azeem dismissed the appeal against the August 30, 2022, judgment of the Principal District Judge, Ramban, which had awarded Mohd Iqbal, a resident of Ghari in Rajgarh tehsil, ₹7.2 lakh in damages with 7.5 per cent annual interest until realisation.
The case arose from damage to Iqbal’s double-storey house near the 25-km point of the Karol-Kumate road in village Kumate. He alleged that road cutting weakened the surrounding soil and that a protective wall failed following rainfall in March 2014, causing cracks and structural damage to the house.
The PMGSY authorities denied responsibility, claiming that ₹1.75 lakh had already been paid for damage to the earlier house. They also argued that Iqbal had constructed a new multi-storey building without technical approval and that the damage resulted from his own negligence.
Rejecting these arguments, the High Court observed that the authorities had failed to effectively challenge evidence linking the damage to road cutting and the failure of the protective wall. They had neither substantiated their defence with evidence nor adequately questioned witnesses on material aspects during cross-examination.
Justice Azeem also rejected the contention that the trial court’s failure to frame separate issues on the quality of the protective wall and the alleged unauthorised reconstruction warranted a fresh trial. The authorities had not sought additional issues during the proceedings and could not use the omission to reopen their defence at the appellate stage.
The court further noted that the alleged payment of ₹1.75 lakh had not been proved through evidence. The assessment supporting the ₹7.2 lakh award had not been effectively challenged, and the authorities had produced no alternative valuation.
Finding the trial court’s conclusions supported by the evidence, the High Court dismissed the appeal, RFA No. 41/2023, and upheld the compensation decree. No order was made as to costs.
