AJAY KUMAR Vs. STATE OF J & K

JUDGEMENT

(1.) The present Writ Petition filed by the petitioner-Ajay Kumar through his father under Art. 226 of the Constitution of India read with Sec. 103 of the Constitution of Jammu and Kashmir seeks direction to the respondents to compensate the petitioner to the tune of Rs.20 lakhs on account of 90% physical disability suffered by him due to the negligence of the respondents.

(2.) It is averred in the petition that in the month of March-April 2009, the father of the petitioner was engaged as labourer by respondent No.3 for construction of the office building of District Soil Conservation Officer, Sambal, Udhampur and just above the entrance/gate of the said building, there existed an 11 KV High Tension double circuit line. Since there was a grave threat to lives of all labourers including their family members accompanying them, the labourers objected to respondent No.3 of construction but respondent No.3 did not pay any heed to the same and constructed the premises. On 01.04.2009, the petitioner had accompanied his father to the premises of District Soil Conservation Office, Sambal, Udhampur and at about 3.45 p.m. when the petitioner was just sitting below the said 11 KV High Tension wire a high flash occurred in the said wire and petitioner came into its contact, as a result, he suffered a severe shock in his body causing severe burn injuries including his right arm, chest and legs. Immediately after the accident, the petitioner was taken to the Command Hospital (North Comd.) C/o 56 APO Udhampur, wherefrom the petitioner was referred to GMC Jammu. Petitioner was admitted in GMC Jammu and was treated for high voltage electric burn. Due to the severity of the said shock, the right shoulder of the petitioner was disarticulated. All the fingers of the feet of the petitioner also got damaged and as per the certificate of disability issued by the Chief Medical Officer, Udhampur, the petitioner is suffering from 90% permanent physical disability.

(3.) Objections filed on behalf of the respondents are treated as counter to the petition. The respondent Nos.1, 2 and 4 state that the terrace of District Soil Conservation Office had been extended near the entrance of the said office and new portion so raised was almost touching the 11 KV double circuit line existing at site. The petitioner who was minor inadvertently came in contact with the said 11 KV line and received severe electric shock. It is further stated that the construction raised by respondent No.3 under 11 KV line was being raised without obtaining NOC from the answering respondents. No person is authorized to make any construction under high voltage/high tension line and any adverse consequence of such unauthorized construction has to be borne by the person violating the said norm. It is denied that the petitioner was working in a shop from where he used to earn Rs.2000.00 per month in addition to being a student of 9th class in Govt. High School. The respondent No.3 has averred that in 2007 after inspection of the office building electric connection was formally given. At the time of granting electric connection, the Executive Engineer M&RE Division Udhampur assured change of alignment of 11KV Transmission line since the same was adjacent to the office building but was not done. As there was no response from the M&RE Division, a request was made in the year 2008 for realignment of HT line from its existing position to avoid any major catastrophe. It is only after the accident as alleged in the petition occurred that the said department realigned the transmission line in the year 2009 to a safer distance. The negligence of the respondent is denied in the reply.