Vadodara Boat Capsize: Gujarat High Court Impleads Contractor, School In PIL Seeking Exemplary Damages

On an application filed in relation to the Harni lake boat capsize in January, the Gujarat High Court has impleaded M/s Kotia Projects- the contractor entrusted with administration of activities in the lake and New Sunrise School- which organised a picnic there, in its Suo Motu Writ Petition.

The order was issued in a civil application by a division bench comprising Chief Justice Sunita Agrawal and Justice Pranav Trivedi.

At least 12 children and two teachers, who were on a picnic, drowned in the incident after a boat overturned in Harni Lake of Vadodara.

The application was preferred by a relative of one of the victims, represented by Advocate Utkarsh Dave, amid deliberations between the Advocate General and the Court regarding actions against the school management's negligence.

The applicant, Nizama Kalpesh, sought the inclusion of the contractor, Kotia Projects, and New Sunrise School to demand exemplary damages from the responsible parties.

It was contended that M/s Kotia Projects, entrusted with all administrative and operational functions pertaining to boating activities in Harni Lake/Motnath Pond under a contract with the Vadodara Municipal Corporation, is liable for exemplary damages to the victims. Similarly, New Sunrise School, which organized a picnic for 80 children, allegedly violated government norms and requirements and is liable to compensate the victims.

Advocate Mehul Dhonde, also representing the applicant, argued that while the State government has already provided compensation, exemplary damages should also be paid by the contractor and the school. Considering the submissions, the High Court has made the contractor and school party respondents and issued notices at its own cost, posting the matter for further hearing on August 9, 2024.

“Taking note of the above submissions, we allow the instant application for impleadment of the applicant as intervener/ respondent no. 3 and M/s. Kotia Projects and New Sunrise School, through the Managing Trustees, as other respondents in the Writ Petition,” the Court ordered.

Case Title: Nizama Kalpesh S/O Nizama Maubhai Versus Re-Management Of The Water Bodies Such As Reservoirs/Ponds/Rivers/Lakes In The State Of Gujarat, & Ors.

LL Citation: 2024 LiveLaw (Guj) 89

Click Here To Read Order