In Brief
The appellants owned agricultural land with fruit-bearing trees near the Mazum Dam in Gujarat. In June 1997, the dam authorities released 60,000 cusecs of water during monsoons, flooding the appellants' fields and destroying about 1,500 trees. The dam authorities claimed an 'Act of God' defence. The Supreme Court held that while heavy rains occurred, the authorities were negligent in not maintaining appropriately low water levels in anticipation of monsoon rains, given modern meteorological forecasting capabilities. The Court applied the doctrine of strict liability, shifting the burden to the dam authorities to prove their discharge of duty. The Court awarded Rs. 5 lakh as reasonable compensation for proved loss, though exact damages were not quantified, holding that defendants cannot escape liability merely by citing natural rainfall.
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