ABDUL HAQUE Vs. BSES YAMUNA POWER LTD

JUDGEMENT

(1.) In each of these four writ petitions the principal relief sought is a direction to the Respondents to pay compensation to the petitioners who are the legal representatives of persons who died as a result of electrocution after coming into contact with a live electricity wire. Since the facts and the reliefs claimed are similar, these petitions are being disposed of by this common judgment. This Court proceeds to uphold the preliminary objection of the respondent, based on the judgments of the Hon'ble Supreme Court, that since these petitions involve adjudication of disputed questions of fact, they are not maintainable as such under Article 226 of the Constitution. Abdul Haque's petition

(2.) In the first petition (Abdul Haque v. DVB), the claim is by the parents, widow and the child of the deceased Shri Allam, aged about 30 years who is stated to have been electrocuted at about 2.45 p.m on 1.7.1998 near Lal Mohd. Masjid, D-Block, New Seemapuri, while trying to put aside an electric wire lying on the road. It is stated that the wires had been lying on the road for some days prior to the incident and no action was being taken despite complaints made by the persons of the locality. The claimant as well as the deceased were the residents of jhuggies in the area. It is submitted in the petition that the Respondent No.1-Delhi Vidyut Board ('DVB') is under an obligation to provide safety measures to ensure the upkeep of the electric wires. The petitioners say that the death of Allam occurred due to the negligence of the DVB. They have claimed compensation in the sum of Rs.13 lakhs.

(3.) The counter affidavit filed by the DVB on 18.2.1999 denies any liability. It is stated that 'there was no live electricity wire on the roads kept by DVB' and that no complaint was received with regard to the illegal extension of wire by the dweller of Jhuggi Jhopri (JJ) clusters. It is denied that the deceased died of electrocution. It is claimed that the concerned JJ cluster is an unelectrified pocket and it is possible that the dwellers of the JJ clusters 'might have illegally extended wires from DVB poles for theft of electricity without any permission of DVB.'