Yog Raj and Ors. v. The State of Himachal Pradesh and Ors. - (National Green Tribunal) (30 Jul 2015)

Compensation for damage 'safely inferred' to have been caused by activity

MANU/GT/0127/2015

Noting that the Applicants had filed an application 5 years after construction work by the Respondents had stopped, no major structural damage had occurred to the Applicants' houses and no technical nexus was found between the damage caused and the Respondent's activities, the Tribunal was nevertheless inclined to award the Applicants an amount to repair their houses. The Respondent's were ordered to make good the damage that was suffered, since it could be 'safely inferred' that the damage was caused by their activities, the Tribunal held.

Relevant : Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India & Ors." MANU/SC/0642/2012

Tags : CONSTRUCTION DAMAGE NEXUS