LALRINTLUANGI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Zoramchhana, learned counsel appearing for the petitioners and also heard Ms. Linda Fambawl, learned Government Advocate appearing for the State respondents and Mr. R. Lalnunpuia, learned counsel appearing for respondent No.7.

(2.) The facts and circumstances of the case as it has emerged from the submissions of the learned counsels and from the pleadings of the parties are briefly stated as follows:

(3.) The respondent Nos. 1 to 5 after receiving the notice filed a joint affidavit- in-opposition and in the affidavit it is stated that after the information regarding the electrocution of Lt. Laltlankima came to their knowledge, one Er.Liansangvunga, Sr. Executive Engineer was deputed on 24/7/2017 to make enquiry and as per his finding the village council of Silsury West excavated the earth near a double pole of 11 KV line for construction of Bazar building at Silsuri under NREGS and this excavation had caused the electric post to bend and that in turn made the line to hang very low. It is also stated that the Department was not aware of these facts and had it come to their knowledge corrective measures could have been taken in time. Therefore, the accident was not because of their negligence.