JUDGMENT :

Prayer:

1. Petitioner, through the medium of the instant writ petition, has sought the following relief:

“Mandamus commanding the respondents to make payment of compensation of Rs. 15,00,000/- (Fifteen Lakh Rupees) arising out of the unfortunate death of three infants of the petitioner viz. Anu Devi (8 years), Preeti Devi (6 years) and Sunil (3 years), by drowning in unfenced forebay tank of the Chenani Hydel Project at Village Pakhlai, Tehsil and District Udhampur, on 09.06.2008, only because of the lapses of respondents 2 and 4, with further directions to the respondents to make proper safety measures for the public at large inhabiting the area so as to prevent any future untoward incidents.”

Brief Facts:

2. The present writ petition has been filed by the petitioner (father of the deceased children) invoking the extraordinary jurisdiction of this Court seeking compensation for the unfortunate death of his three minor children who allegedly drowned in the forebay tank of the Chenani Hydel Project situated in Village Pakhlai, District Udhampur.

3. It is the specific case of the petitioner that the said forebay tank was left unfenced and without adequate protective measures despite being a hazardous structure with steep plastered slopes, thereby posing a constant threat to the inhabitants of the surrounding area. It is alleged that due to the negligence and failure of the authorities of the Chenani Hydel Project to provide necessary safety measures, the petitioner's three minor children accidentally slipped into the tank on 09.06.2008 and drowned.

4. The petitioner contends that the incident occurred solely due to the failure of the authorities to secure the reservoir area by adequate fencing or protective barriers and therefore, seeks compensation from the respondents for the loss of three innocent lives.

5. The respondents have opposed the petition on the ground that no negligence can be attributed to them and that the incident occurred due to lack of supervision on the part of the parents of the deceased children. It is further contended that the writ petition is not maintainable as it involves disputed questions of fact which ought to be adjudicated in appropriate civil proceedings.

Submissions on behalf of the petitioner:

6. Learned counsel for the petitioner submitted that the petitioner belongs to a poor family residing in Village Pakhlai and survives primarily on agricultural activities. It is submitted that the income derived from cultivation of wheat and maize is barely sufficient to sustain the family for a limited period during the year and for the remaining months, the petitioner is compelled to work as a labourer in Udhampur city, thereby living under Below Poverty Line conditions.

7. It is further submitted that the petitioner had four children (three daughters and one son). On the unfortunate day of 09.06.2008, when the petitioner along with his wife had gone to their agricultural fields, three of their minor children, namely Anu Devi aged about 8 years, Preeti Devi aged about 6 years and Sunil aged about 3 years, followed them towards the fields. Being of tender age and lacking sufficient understanding, the children accidentally slipped into the forebay tank of the Chenani Hydel Project situated in the village. It is submitted that the said tank had steep plastered slopes and contained deep water, making it impossible for any person falling into it to escape, as a result of which all the three children drowned.

8. Learned counsel further submitted that the incident was duly reported to Police Station Udhampur and cases were registered bearing FIR Nos. 329/2008, 330/2008 and 331/2008. It is also submitted that the matter was examined by the Revenue authorities, who acknowledged the plight of the petitioner and recommended grant of compensation from State funds.

9. It is contended that the deaths of the children occurred solely due to the negligence of the respondent authorities in failing to secure the forebay tan