Delhi High Court Directs Delhi Jal Board To Pay ₹22 Lakh Compensation Over Death Of 9-Yr-Old By Falling Into Pit

The Delhi High Court has recently directed the Delhi Jal Board (DJB) to pay compensation of Rs. 22 lakh over death of nine-year-old boy by falling into a pit in 2016.

Justice Purushaindra Kumar Kaurav said that there was negligence on the part of DJB and it was thw duty of the Board to maintain safe conditions and take due precautions in and around the land where the pit was situated.

“it is also evident from the record that the demarcated map of the said land, as authenticated by the Revenue Department and relied upon by the SDM in its report, indicates that the specific area of land, where, the pit was dug up was not earmarked to TPDDL but remained under DJB possession,” the Court said.

It added that even if it was presumed that the land was earmarked to TPDDL, DJB cannot escape from its liability being the principal owner of the land.

“Furthermore, if as per DJB, TPDDL was negligent in maintaining the said land, DJB is at liberty to initiate legal action against TPDDL or its contractors for any negligent acts concerning the land, in accordance with the law,” the Court said.

Justice Kaurav disposed of a plea moved by parents of the deceased boy seeking compensation for the death of the minor who fell into the pit dug in a vacant ground owned by DJB.

The Court noted that the chargesheet and the investigation conducted in the case confirmed that the deceased boy fell into a water-filled pit situated on land owned by DJB, which ultimately led to his death.

“The undisputed facts presented in the pleadings outline the responsibility of DJB as the owner of the land, in maintaining a safe environment and preventing such tragic occurrences,” the Court said.

Title: SH. PRAVESH KUMAR & ANR v. DELHI JAL BOARD & ORS

Citation: 2024 LiveLaw (Del) 1284

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