1. Petition No. OWP No. 43/05 titled Bashir Ahmed Rather & Ors. v. State and OWP NO. 44/05 titled Gh. Hassan Rather & Ors. v. State have been filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir for a direction to the State to pay compensation to the petitioners.

2. Since the petitions arise out of the same incident and the issues which arise for determination are common, both the petitions are being disposed of by this common judgment.

3. The factual background in a nutshell is as follows:--

On 18.10.2004 an overhead electric wire from 11 KV line running over a school building in village Sharief Abad, HMT, Srinagar got snapped and fell on the school children, who were studying in the said school causing death of three children and grievous injuries to three other children. Petitioners in OWP NO. 43/05 namely Bashir Ahmed Rather, Ghulam Ahmed Sheikh and Ghulam Ahmed Bhat lost their children in the incident. They allege that their children Firdous Ahmed Rather S/o Bashir Ahmed Rather R/o Sharief abad, Budgam, Mohd. Maqbool Shekkh S/o Gh. Ahmed Sheikh R/o Sharief-abad, Budgam and Tanveer Ahmed Bhat S/o Gh. Ahmed Bhat R/o Sharief-abad, Budgam lost their precious lives when the High Tension wire loosely connected fell upon them. This unfortunate incident took place when the students were taking exams and were made to sit by the authorities in the compound of the school. A first information report was lodged about the incident in the Police Station Pairmpora as FIR No. 97/04. Petitioner Bashir Ahmad Rathers son namely Firdous Ahmed was taken to Jehlum Valley Medical College, Bemina were he was declared as dead. Petitioner Gh. Ahmeds son namely Mohd. Maqbool was taken to 92 Base Hospital C/o 56 APO CRPF where he died on 19.10.2004 as he had received 80% electric burns, petitioner Gh. Ahmed Bhats son namely Tanveer Ahmed Bhat died on 18.10.2004 itself. The petitioners have stated that it was the duty of the respondents who control, maintain and supervise electricity to rectify the defect and change the lines in order to avoid continuous threat to the students reading in the school and it was equally important for the functionaries of the Education Department not to put the lives of the innocent of tender boys to the risk by asking them to sit in the compound under the High Tension wire which was loosely connected and where the apprehension of falling of the wire was evident. So both the Departments were equally responsible as they had contributed to negligence which resulted into the mishap resulting in loss of the lives of their kids.

4. In the circumstances the petitioners have prayed for an amount of Rs. 10 lacs as compensation to each of the petitioners.

5. The petitioners in OWP NO. 44/05 namely Gh. Hassan Rather, Ahsan Ali Malla and Yasmeena were studying in the school. The wire fell on these children due to which they sustained serious injuries and suffered permanent disability. Petitioner No. 1 Gh. Hassan Rather has suffered 100% disability as both the legs below his knees have been amputated and his left arm has also been amputated. The petitioner was admitted in the plastic surgery department of SKIMS for treatment. Petitioner Ahsan Ali Malla has suffered grievous burn injury on left eye and chin, teeth, belly and left leg. His left hand is not functioning while as thumb of his left hand has been amputated. The details of the injuries sustained by the petitioner are given in the discharge certificate (Annexure-B). The third petitioner Yaseema has suffered injury in the arm, nose, face and belly. Her right arm and left leg are not functioning. The discharge summary sheet (Annexure-C) contains the details of the injuries sustained by the petitioner.

Petitioners have prayed for an amount of Rs. 10 lacs as compensation.

6. The respondents have not denied the incident, they have rather admitted that 11 KV transmission line was erected over the land in 1983 and that the school

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