Asok Potsangbam, j.:-

The writ petitioner is the mother of one Shri Samkuper Mawthoh who, while playing at the Children' s Park of the Kharmalki locality in Malki, Shillong, came into contact with high tension electric wire on 06.10.1999 at about 5 P.M. and, thereupon, the minor son of the petitioner was electrocuted causing serious bum injuries to his person. The injured, who was 13 years old at that point of time, was taken to Shillong Civil Hospital from where the injured was referred to a Plastic Surgeon of Woodland Hospital, Shillong as the bum injury was grievous. At the Woodland Hospital, Shillong, the right arm of the injured, above the elbow, was amputated on the advice of the doctor at Woodland Hospital, Shillong. The petitioner, who is the mother of three sons including the injured, approached almost all the authorities including the Minister, Urban Affairs, Government of Meghalaya for payment of compensation on behalf of his minor son whose right arm was amputated as a consequence of the electrocution at the Children Park, without any contributory negligence. The petitioner who submitted a complaint to the police on 7.10.1999, was kept in dark about the progress of the FIR by the Officer-in-Charge of Laitumkhrah Police Station. East Khasi Hills District.

2. Having failed to evoke any positive response from the concerned authorities of the Government of Meghalaya, the petitioner approached this Court by filing this petition for a direction from this Court for holding an enquiry by a Judicial Officer of the level of District and Sessions Judge, into the circumstances and episode of electrocution of the petitioner's son on 6.10.1999 at the Children Park of Kharmalki, Malki Shillong and fixation of liability of the concerned respondents for payment of compensation entitled to on account of electrocution leading to amputation of the right arm of the petitioner's son.

3. In view of the denial of the liability by the State Respondents as well as the Meghalaya State Electricity Board, it also become necessary to enquire into the claim and counter claim of the parties on the question of electrocution of the son of the petitioner and, as such, by an order dated 17.8.2006, this Court directed the District and Sessions Judge, Shillong, to make an enquiry with regard to the incident and submit the report within a period of two months from the date of receipt of the order.

4. Pursuant to the direction of this Court, the learned District and Sessions Judge, Shillong held an enquiry in which 9 (nine) witnesses were examined by the petitioner and 10 (ten) witnesses were examined by the respondents. The enquiry report reveals that children of the locality used to play at the Children Park Kharmalki over which High Tension electric wire passed through. Carrying of High Tension wire from pole to pole, their maintenance, transmission of power and public safety required in this regard are the responsibility of the Meghalaya State Electricity Board. As per deposition of the Inspector of Electricity, Government of Meghalaya (R. W.No. 4) an internal enquiry was conducted by him and found that a huge 5 (five) tier sitting gallery was constructed at the aforesaid children park by two contractors on verbal instructions from one Shri T.C. Lyngdoh, MLA. No permission was ever obtained from the State Electricity Board to construct the gallery upto a height of three feet below the High Tension Wire. The enquiry report of the District and Sessions Judge also discloses that the height between the top of the gallery and the High Tension Power Line is only about 3 feet, so anyone can come into contact with the live wire from the top of the gallery. As per deposition of RW-10, the Director of Urban Affairs, Shillong, financial and technical sanction of the gallery have been issued by the Director of Urban Affairs, Government of Meghalaya and day to day supervision and construction of the gallery were supposed to be done by the Shillong Municipal Board. It

Click Here to Read the rest of this document