IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:-24.09.2025 Jastena and others ...Petitioners Versus The State of Punjab and others ...Respondents CORAM : HON’BLE MR. JUSTICE SUVIR SEHGAL Present : Mr. Tarsem Lal, Advocate for the petitioners.

Mr. Bhanu Pratap Singh, Advocate for respondents No.2 to 5.

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SUVIR SEHGAL, J.(ORAL)

1. This petition has been filed, inter alia, for issuance of a writ in the nature of mandamus directing the respondents to pay Rs.50 lakhs as compensation on account of death of Sokat Masih due to the negligence of the respondents.

2. Petitioners are widow, minor children and parents of deceased Sokat Masih. On 26.09.2023 when Sokat Masih, who was working as a daily wage mason with a contractor-respondent No.6 and was demolishing a built-up structure, he came in contact with a sagging 11 KV electric wire. He was electrocuted and died on the spot. An FIR bearing No.122 dated 27.09.2023 was lodged under Section 304-A IPC, Annexure P2, at Police Station Dera Baba Nanak and a GD entry was also made on the same date.

3. Counsel for the petitioners submits that high tension electric wire was being maintained by the Punjab State Power Corporation Ltd. (PSPCL), which was hanging loose. He submits that PSPCL was grossly negligent as the wire was within touching distance and over hanging commercial shops. By referring to the postmortem report, Annexure P1, counsel has urged that the death of Sokat Masih had taken place due to electric shock and the respondents, who have been derelict, are liable to compensate the petitioners for an untimely death. Counsel has made a reference to the Indian Electricity Rules, 1956 to submit that the responsibility to take all precautions and to ensure the safety of public rests upon the PSPCL.

4. Advance copy of the petition has been served upon PSPCL and its officials, who have put in appearance through Sh. Bhanu Pratap Singh, Advocate. Counsel asserts that deceased was careless and liability to pay the compensation cannot be fastened upon the respondents. He has made a reference to the investigation report, Annexure P6, to submit that PSPCL was never informed that demolition work is to be carried out and electricity supply could not switched off.

5. Counsel for the parties have been heard at length and the documents appended with the paper-book have been examined.

6. After inquiring into the incident, PSPCL has prepared an investigation report, Annexure P6, under Section 161 of the Electricity Act, 2003, which is reproduced as under:

“Description and Conclusion:-

On 27.09.2023, at Village Kahlawali, under the jurisdiction of the Sub-Divisional Engineer, Punjab State Power Corporation Limited (PSPCL), Dera Baba Nanak, while dismantling shops constructed along the Batala – Dera Baba Nanak road as per the directions/conditions issued by the National Highways Authority of India (NHAI), Shri Shokat Masih, a private daily-wage worker, suffered a fatal accident due to electrocution from a live 11 KV line. Site inspection, witness inquiries, and examination of relevant documents from associated offices revealed that PSPCL had long ago installed the 11 KV Shikar UPS 24-Hour feeder from the 66 kv grid sub-station at Dera Baba Nanak along with said road, where, in front of M/s Randhawa Karyana Store, three roadside shops belonging to Shri Darshan Singh Fauji, resident of village Kahlawali, were located. In the current scenario, due to NHAI directives for widening the road to four lanes (which leads to the Kartarpur Corridor), it became necessary to shift or dismantle the electrical installations and structures of the electricity supplier. On 27.09.2023, a private contractor deployed Shri Shokat Masih for dismantling the aforementioned shops. These shops were located near the Harijan Basti of Kahlawali and adjacent to the sanctioned GO switch of the 11 KV Shikar UPS 24-Hour feeder. According to PSPCL employees, the clearance distance of the 11 KV line from the shops was withi