ORDER

1. A tragic incident, due to collapse of a multi-storeyed building under construction took place on 12-9-1983 in the afternoon and resulted in the a death of 118 persons and injuries to about 50 persons. A Commission was set up to find out the real cause leading to collapse of the building. The Commission of Inquiry was headed by a High Court Judge which submitted its report in 1986. A public interest litigation was filed sometime in the year 1988 purporting to espouse the cause of those who had died and those who had been injured. By the impugned judgment, a Division Bench of the Karnataka High Court directed grant of compensation by the Bangalore City Corporation and the State Government.

2. The details relating to the quantum are set out in para 11 of the impugned judgment. The appellant Corporation in this appeal primarily has taken the stand that for a case allegedly relating to tortious liability, a writ petition much less a public interest litigation was not the appropriate remedy. It is pointed out that the building was under construction and a private builder was undertaking the construction work. Therefore the direction for payment of compensation by the Corporation