DINESH GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) After having heard learned counsel for the parties, this Court passed an interim order dated 05.02.2013 in the present case, which reads as follows:-

(2.) The vacant plot of land had become a pond due to collection of rain water during Monsoon. The child is stated to have accidentally slipped into the water without knowing or gauging the depth of the water. He died indisputably of drowning and was brought dead to hospital. The child lived with his parents at H.No.228, New Indira Colony, Mani Majra, Chandigarh, which according to the written statement filed by respondent no.2-Haryana Urban Development Authority, Panchkula, is situated about 1.5 kms from the place of death.

(3.) Respondent no.2-HUDA has contested the writ petition, on notice of motion having been issued, by filing a written statement. It is stated that Plots No.132P to 136P and 137P to 141P, Sector 6, MDC, Panchkula were allotted by HUDA to private parties in the year 2006. The defence set up is that the allotment letter to plot holders of municipal numbers above described contains a stipulation that it would not be the responsibility of HUDA to level uneven sites allotted by it. HUDA has shifted the burden to allottees for maintenance of their sites. It is said that the action brought is with the object of blaming HUDA to secure an award of compensation. The other preliminary objection raised is that the site of the alleged incident was not a notified play-ground, and therefore, it was not a public place where children could play. The Shemrock School is situated in the red-line of village Bhainsa Tibba which remains un-acquired and the sector area is known as Sector 4, MDC, Panchkula. It has been disputed on point of fact that there is no open plot near the school and the same is in fact at a distance of about 150 meters from the place of incident. HUDA contends that the primary duty falls with the parents to ensure that their wards do not venture into someone else's land which is private property. The claim has been resisted for the aforesaid reasons.