Dam collapses due to massive flooding natural calamity
A dam collapses due to massive flooding or cyclone ,the dam is capable of receiving a certain amount of rain fall but if there is 1000 mm of rain in a single day or continous rain for a few days causing massive flood and the failure of the dam because of over capacity ,there are lots of deaths and injuries due to the dam collapsing ,in such case of a natural calamity befalling the dam where everyone is helpless who will be held responsible the goverment or the contractor what will be the consequences of such an event
Asked 3 months ago in Criminal Law from Mumbai, Maharashtra
1) govt or contractor cannot be held responsible if dam collapses due to excessive rainfall or cyclone
2) only if there is negligence in construction of dam woukd contractor be held responsible
Contractor shall be liable only if it is proved that material used in constructing dam is of poor quality and wrongly approved by sanctioning authority otherwise,
No one responsible for an act of GOD, and state can be blamed for poor re habitation and failed to adopt for Adequate safety and emergency measures in advance, if there was forecast of heavily flood.
And state being parens patriae - it is obligatory on state to compensate it`s people.
No one can be held liable for any calamity or act of God for the deaths, as per criminal law and as the rainfall was more than 1000 mm in a day, no fault on the part of the contractor can be established too.
Advocate, New Delhi
In the fact situation, neither the contractor nor the government would be held liable until and unless you are able to show that the dam was built with certain material which was not upto the mark. This kind of instances fall under the category of calamity beyond human control i.e. act of god.
For the act of God nobody is responsible as due to heavy rainfall and excess water collection in the Reserve area the dam could not be the pressure of water.
The govt off course is responsible and should take care in calamity and provide relief and assistance.
Please file a PIL in this regard in the HIGH COURT and let the state Govt reply to the HIGH COURT.
Sir in case of the heavy rainfall beyond the capacity of the Dam then both the government and contractor cannot be held responsible as it is the act of the god.
In case there is any corruption the dam was not able to bear appropriate load or was not upto mark then the contractor is liable.
I would like to inform you that natural clamities can not be blamed on anyone, its an act of God, the authorities can only be blamed if there was some fault on their behalf.
Advocate, New Delhi
Depending on the scenario of a specific Dam collapse, the truth is that multiple parties could be held legally liable for an accident. If a Dam was constructed by a private company who used independent contractors and a design firm, depending on what an investigation reveals it could be any, no one, or all of them. If a Dam was constructed by a government entity then they could also be potentially held liable in a Dam collapse.
Dam can fail for a variety of structural reasons, but a thorough investigation will be necessary to determine who is at fault and liable to pay compensation to victims.
Firstly, the contractor may not be held liable for the same as his work was just to construct as per the instructions of the concerned department.
Secondly, if it can be proved that there was some mismanagement then you may be able to held the government liable for the same.
Thirdly, but yes, the authority may try to take the help of the act of God law where you have only option to prove their negligence.
Advocate, South Delhi
If it is a natural calamity, nobody can be held responsible for that.
If it was a substandard quality construction by the contractor then he can be held liable for it, but this is due to natural calamity, hence even the contractor or the government cannot be held responsible for it.