RAJESH Vs. DELHI JAL BOARD

JUDGEMENT

(1.) The present petition has been filed by the petitioners, seeking the following prayers:

(2.) The brief facts leading to the present petition are, the respondent No. 1-Delhi Jal Board, constituted under Delhi Water Board Act, 1998, responsible for production/distribution of drinking water in Delhi is also meant for collection, treatment and disposal of waste water/sewage in the capital. Respondent No. 2 i.e. the Delhi State Industrial and Infrastructure Development Corporation Limited (DSIIDC), a government company is responsible for developing and providing industrial infrastructure facilities to the entrepreneurs in Delhi. Respondent Nos. 1 and 2 agencies function under respondent No. 3 i.e. the Govt. of NCT of Delhi. Respondent No. 3 is responsible for implementation of welfare schemes which are also meant for the victims and their family members. Respondent Nos. 4 to 6 are private individuals.

(3.) Petitioner No. 1 is the wife of Late Mr.Tilak Ram @ Tilak Raj. Petitioner No. 2 is the mother of Late Mr.Bhagwan Singh @ Rajesh. It is the case of the petitioners (wife and mother of the deceased persons) that on October 22, 2011, respondent No. 4 Vinod and the contractor engaged the 3 persons namely Mr.Bhagwan Singh @ Rajesh, Mr.Tilak and Mr. Rohit for cleaning the sewerage near factory situated at I-127, Sector 2, DSIIDC, Bawana, Delhi on the behest of the respondent Nos. 5 and 6 herein. It is their case that Mr. Bhagwan Singh @ Rajesh and Mr. Tilak Raj stepped into the blocked sewerage for cleaning it, but due to non-supply of safety equipment, masks and oxygen cylinder by the respondent Nos. 4 to 6, they lost consciousness because of fumes and gases and died on the spot. In this connection, FIR No. 366/2011 at Bawana Police Station was also got registered. After conducting the investigation, the prosecution has booked the accused persons namely respondent Nos. 4 to 6 under Section 304A IPC before the Court of learned M.M., Rohini Courts. The said case is reported to be pending consideration before the learned M.M. The petitioners' case is that the deceased persons were the sold bread-winners of the families of the petitioners, who died while cleaning the sewerage in the Bawana Industrial Area.