BIRENDER THAKUR Vs. DELHI JAL BOARD

JUDGEMENT

(1.) BY the present writ petition, the petitioner claims compensation in the sum of Rs. 10.00 lakh for the inaction and careless attitude of the respondent in attending the complaints of the petitioner and the general public, especially, in the outskirts of Delhi where the open manholes have become death traps. Rule. With the consent of Counsel for the parties writ petition is set down for final hearing and disposal.

(2.) AS per the petitioner, petitioner was residing in a rented accommodation with his family at C -272 -A, Ashok Nagar, Delhi. The petitioner is a barber by profession. On 17.5.2009 at about 10.15 a.m. a water tanker of the respondent, Delhi Jal Board, arrived at C -Block, Pump House, Near Kali Badi Mandir, New Ashok Nagar, Delhi. Men, women and children gathered in a queue near the water tanker and started taking water from the said tanker. The petitioner and his daughter, namely, Simran, aged about seven years, were standing near the tanker to fetch water. There was an open sever adjacent to the tanker. While the daughter was moving forward she slipped and fell into the uncovered manhole. The fire brigade and the Ambulance reached at the spot and fished out the daughter of the petitioner from the manhole. The daughter of the petitioner was taken to L.B.S. Hospital where the Doctors declared her brought dead. The petitioner, prior to the said incident, had lodged a complaint vide Complaint No. S.00000879 with the respondent to cover the said manhole but to no effect.

(3.) LEARNED Counsel for the petitioner contends that the manhole in which the daughter of the petitioner slipped was not covered with a lid due to which she slipped in the open sewerage tank, resulting in her untimely death. Counsel further submits that the death of the daughter of the petitioner was caused due to dereliction of duty on the part of the respondent, who are responsible for the upkeep of the manholes in the area. Counsel submits that the petitioner in these circumstances prays for compensations.