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2018 Supreme(Del) 2338
IN THE HIGH COURT OF DELHI AT NEW DELHI
GITA MITTAL, C. HARI SHANKAR, JJ.
Court On Its Own Motion – Petitioner
Versus
Govt. of Nct of Delhi & Ors. – Respondent
W.P.(C) 12326 of 2015
Decided On : 03-08-2018
For the Respondent: Mr. Satyakam, Addl. Standing Counsel for Govt. of NCT of Delhi.
A public authority is liable for negligence in maintaining public property, and victims of such negligence are entitled to compensation.
Headnote:
The case pertains to the death of an 11-year-old boy, Lavansh, who fell into an uncovered rain water harvesting pit at the Millennium Park in Southeast Delhi. The boy was on a school picnic when the incident occurred. The court held the Public Works Department (PWD) responsible for the boy's death due to negligence in maintaining the pit. The court awarded compensation of Rs. 10,00,000/- along with interest to the boy's mother, Smt. Saroj Rani. The court also directed the PWD to deposit the compensation amount within one month and to ensure regular inspection and maintenance of all manholes, pits, holes, tanks, or any other openings in the ground.
Fact of the Case:
An 11-year-old boy, Lavansh, fell into an uncovered rain water harvesting pit at the Millennium Park in Southeast Delhi while on a school picnic. The boy died after falling into the pit.
Finding of the Court:
The court held the Public Works Department (PWD) responsible for the boy's death due to negligence in maintaining the pit.
Issues: 1. Whether the PWD was responsible for the boy's death. 2. Whether the PWD was negligent in maintaining the pit. 3. Whether the boy's mother was entitled to compensation.
Ratio Decidendi: 1. The court held that the PWD was responsible for the boy's death because it had the duty to maintain the pit and had failed to do so. 2. The court found that the PWD was negligent in maintaining the pit because it had not cordoned off the site, displayed a signboard indicating the existence of the pit, or covered the pit. 3. The court held that the boy's mother was entitled to compensation because the PWD's negligence had caused her son's death.
Final Decision: The court awarded compensation of Rs. 10,00,000/- along with interest to the boy's mother, Smt. Saroj Rani. The court also directed the PWD to deposit the compensation amount within one month and to ensure regular inspection and maintenance of all manholes, pits, holes, tanks, or any other openings in the ground.
GITA MITTAL, J.
1. Suo motu cognizance was taken by this court on the basis of a news report in the Hindustan Times dated 22nd December, 2015 regarding the death of an 11 year old boy, who had gone on a school picnic, after falling into an uncovered rain water harvesting pit at the Millennium Park in Southeast Delhi.
2. The report titled as “Boy on school picnic falls in water harvesting pit, dies" reads as follows:-
NEW DELHI : An 11 year old boy who had gone for a school picnic, died after falling inside a water harvesting pit that was left precariously open at Millennium Park in Southeast Delhi’s Sarai Kale Khan area on Monday morning.
The pit, reportedly maintained by the Public Works Department, had a damaged lid and when the boy stepped on it, the lid crumbled and the boy fell inside it.
Labansh, a student of Class 8 raised an alarm and many passersby including his school friends and teachers accompanying him for the picnic, tried to rescue him but failed. The passerby then called the fire department and the police “The fire tender reached the spot and rescued the boy. He was then rushed to the hospital where he was admitted for treatment. A few minutes later the boy died. He had reportedly fallen unconscious inside the pit after trying his best to reach out to the base and come out” a senior police officer said The boy was studying at a boy’s school in Lalita Park and was a resident of Laxmi Nagar.
The police have registered a case of negligence in the matter and have written to several agencies including PWD to see whose responsibility was it to properly cover the pit. “The lid of the pit was completely damaged. It was wearing off and the locals had reportedly made several complaints regarding the same but no action was taken. We are finding out which agency is responsible for the maintenance of the pit and will definitely book them for negligence. The investigation in the matter is on “police said.
Meanwhile, the police have sent the boy’s body for post-mortem and also informed his parents about the death.
“The parents want strict action against the civic agency and the school authorities for not taking care of the boy during the picnic. We have noted down their statements and are verifying details. The investigation in the matter is on”, police said.”
(Emphasis by us)
3. Notice of the petition was accepted on behalf of the respondents being the Govt. of NCT, Delhi; the Public Works Department; the Engineer-in-Chief, Public Works Department and the SHO, PP Sarai Kale Khan.
Police investigation & action taken
4. An affidavit dated 8th February, 2016 which was filed under the signatures of Sh. OP Lekhwal, SHO, PS Sunlight Colony, exercising jurisdiction over Police Post Sarai Kale Khan, disloses the turn of events, as unfolded during the investigation, in the following terms:
“The Police Post Sarai Kalen Khan, P.S. Sunlight Colony received information from the police control room on 21/12/2015 at 14:10 hrs vide DD No.21 regarding a boy has fallen in a sewer near gate no.1 of I P Park. Immediately, the information was marked to SI Ram Kishore for inquiry and appropriate action in accordance with law who immediately reached the spot. At the same time, I alongwith Incharge, Police Post Sarai Kalen Khan with staff also rushed to the spot of incident. Upon arrival, it was learnt that the incident has occurred near water harvesting plant of PWD constructed near Gate No.4 of Indraprastha Park, Ring Road, Delhi.
3. Upon inquiry, it was learnt that Master Lavansh, a boy aged 11-12 yrs, who had come for a school tour had fallen in an uncovered rain water harvesting tank. Despite switching on the torch, nothing was visible as it was completely dark in the tank. Immediately, the rescue teams and senior officers were informed. Immediately, the fire brigade and senior officers reached at the spot. The officials of fire brigade entered the tank with the help of their accessories. After approximately 25 minutes of search, the boy was taken
