JUDGMENT

B.N.Mahapatra, J.

The above two writ petitions have been filed in the nature of Public Interest Litigation with following prayers. W.P.(C). No.12328 of 2012

“The Hon’ble Court may kindly direct the State to (i) conduct a high level enquiry for fixing responsibility for the negligence which led to the death of children due to the collapse of the wall on 09.07.2012; (ii) constitute a task force to look into the safety standards/norms/conditions of Anganwadi Centres and Schools with a view to ensuring the safety of children; (iii) take necessary steps to repair/restructure dilapidated/damaged buildings in which Anganwadi Centres operate and to make alternative arrangements; (iv) take steps for construction of new buildings for Anganwadi Centres that lack own buildings; The Hon’ble Court may kindly monitor the implementation of these directions through appropriate mechanisms/procedures. The Hon’ble Court may kindly direct the State to initiate criminal proceedings against the guilty persons/officials. The Hon’ble Court may further direct the State to adequately compensate the bereaved parents by paying Rs.Ten Lakh for each deceased child. The Hon’ble Court may kindly issue further directions/guidelines for periodic visits by the members of the State Commission for Protection of Child Rights and District Child Welfare Committees for ensuring the welfare and safety of children in the Anganwadi Centres. It is therefore, prayed that this Hon’ble Court may graciously be pleased to admit this PIL writ petition, issue RULE NISI calling upon the opposite parties to show cause, and if the opposite parties fail to show cause or show insufficient cause, the said rule be made absolute in granting the reliefs prayed for; And may further be pleased to pass any other order(s) as deemed fit and proper; And for this act of kindness the petitioner shall as in duty bound ever pray.”

WP(C) 12553 of 2012

“It is therefore, prayed that this Hon’ble Court may graciously be pleased to admit this Writ Petition, issue notice to Opp. Parties and after hearing from the counsel of both the parties issue the following directions to the Opp. Parties:

1. To have a quick review of condition of buildings and shelters under which anganwadi centres are functioning now, all across the State, within a stipulated time frame, at the level of the project in rural and urban areas, and where the buildings are found to be unsafe, alternative arrangement be made to prevent any future occurrence of similar kind of disaster. And to bring out the white paper of the review to the public domain.

2. To devise a proper Accountability Mechanism for ICDS Management. Officers placed under various ladders of decision making be made accountable for any kind of commission and omission at their level.

3. To constitute a Taskforce with Government and Civil Society Representatives to review the situation and to devise a plan for infrastructure development.

4. To codify proper Building standard/norms and that is to be followed strictly.

5. To make and strengthen adequate infrastructure and physical environment in anganwadi centres.

6. To bear all the medical expenses of the injured children till they are out of the hospital, after fully recovered.

7. To give Compensation amount of Rs.10,00000/-(Ten lakh) to each of the deceased children’s family.

8. To initiate Criminal proceeding against those found guilty. Any other relief/relieves, order/orders, direction/directions as this Hon’ble court deems fit and proper.

And for this act of kindness, the petitioner as in duty bound ever pray.”

2. Bereft of unnecessary details, the facts leading to filing of the above two writ petitions are as follows.

On 9th July 2012, at about 11 A.M., a wall of the Anganwadi Centre operating at Nelia Upper Primary Centre at Suansia under Ranpur Block in the district of Nayagarh collapsed causing death of seven children, who were below 5 years. Hence, the present writ petition.

3. Mr. Narasingha Mishra, lear