CHOB SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner namely, Chob Singh under Article 226 of the constitution of India to claim compensation of Rs. 10 Lakhs for the death of his only son, Nand Kishore due to the alleged negligence of the respondents Govt. of NCT of Delhi and Delhi Jal Board (DJB).

(2.) The petitioner is the father of an unfortunate boy who died on 14.04.2009 by falling into a sewer tank. The petitioner claims to be a three wheeler auto driver. His family consisted of his wife (already dead), daughter (mentally and physically handicapped) and Nand Kishore (now deceased).

(3.) The case of the petitioner is that his son, Nand Kishore along with his friend, Rahul went to deliver lunch to the maternal uncle of Rahul, at one of the pumping stations of the respondent/DJB located at sector 7, Dwarka. The sewage pumping station is a prohibited place and the general public is not allowed to enter the premises without permission since it is a risky and an unsafe place due to storage of sewage in huge tanks/wells. On 14.04.2009 there was no guard posted on the pumping station, and the 2 children had an unhindered entry to the entire complex and went upto the danger zone where the huge pumping machines and tanks were located.