JYOTI PRASAD BORA @ MIDUL BORA Vs. STATE OF ASSAM, REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, POWER DEPTT.

JUDGEMENT

(1.) I have heard Mr. Giyasuddin, learned counsel for the petitioner and Mr. B. Bhattacharjee, learned standing counsel, Assam State Electricity Board (for short, 'ASEB') for the official respondents.

(2.) This application under Article 226 of the Constitution of India is filed by the petitioner complaining of violation of Article 21 of Constitution of India by the ASEB by electrocuting to death of his only son, namely. Akash Bora. The case of the petitioner is that a high voltage (11 KV) over-head electric line passed through his village and over his house, which is located near the over-head electric line. On 29.8.2006, the high voltage live wire line got snapped and fell on the Akash Bora, when he was proceeding towards his house after playing. As a result, the deceased collapsed on the ground and instantaneously died on the spot. The villagers as well as the relatives of the petitioner rushed to the office of the Respondent No. 2 and informed the officials present there about the incident, but they refused to visit the spot immediately. The landlord of the petitioner, namely, Azizur Rahman lodged an FIR on the same day with the Dergaon Police Station on the instruction of the petitioner. On receipt of the FIR, the police registered U/D PS Case No. 24 of 2006 and duly investigated into the case. The police issued a certificate to the effect that the deceased died of electric shock (vide Annexure-2 to the writ petition). The post-mortem examination was also conducted on the body of the deceased. The Doctor, who conducted the post-mortem examination, opined that the death was due to electrocution: the body of deceased got entangled with high tension over-head electric line.

(3.) The further case of the petitioner is that similar incident had happened at the same place only a few months ago; though no lives were lost on that occasion, several houses and valuable properties of the villagers were gutted by fire due to high voltage electric line. Although the unsafe condition of the electric line was well known to the respondents, no action was taken by them to prevent future accidents. It is also stated by the petitioner that such kind of accident not only occurred in his village but also in the whole district of Golaghat on several occasions due to defective installation of high voltage electric over-head lines by the ASEB authority in supplying electricity to different parts of the district. According to the petitioner, for the gross negligence of the ASEB resulting in the death of his son, he is entitled to adequate compensation, though such loss cannot exactly be compensated for in terms of money. The representation so made to the respondent authority by the Chairman of Dergaon Puro Sabha for payment of compensation to the petitioner was not attended to. The representation of the petitioner dated 20.9.2006 also proved to be futile, whereupon he is constrained to file this writ petition for appropriate relief.