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1998 Supreme(Del) 941

MUKUL MUDGAL, MADAN B.LOKUR
ALL INDIA LAWYERS UNION (DELHI UNIT) – Appellant
Versus
UNION OF INDIA – Respondent


( 1 ) ON December 23, 1997, Anshu Sharma, a student of M. C. D. Primary School, Mahavir Enclave, Dabri, New Delhi, aged about 7 years, was crushed to death by a vehicle while crossing the road in front of the school. He had gone outside the school during school hours to fetch drinking water for himself as potable hygienic water was not available in the school. With these allegations the instant public interest writ petition has been filed by All India Lawyers Union, a voluntary organisation, for various directions.

( 2 ) TO meet the allegations two counter-affidavits have been filed on behalf of the Municipal Corporation of Delhi. These affidavits have been affirmed by Shri Om Prakash, Assistant Education Officer, Nazafgarh Zone, and Shri T. C. Arora, Deputy Education Officer. While not denying the accident and the fact that the child had gone outside the school during school hours, it is asserted that the drinking water was freely available in the school. The averments made in this regard in the affidavits filed on February 2, 1998 and September 1, 1998 by Shri Om Prakash and Shri T. C. Arora, respectively, are as follows :-

" It is submitted that there is no shortage of water in t














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