ABDUL AZIZ BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) The substantial question of law raised in this appeal filed under clause 12 of the Letters Patent is whether the principle of strict liability as laid down by 5-Judge Bench of Honble the Supreme Court in Charan Lal Sahu v. Union of India, 1990 1 SCC 613 and M. C. Mehta v. Union of India, 1987 1 SCC 395, would be applicable to grant of compensation to the parents and the minor daughter of the deceased Mohammad Ashraf Bhat who was killed on account of electrocution, in the peculiar facts and circumstances of the case.

(2.) 1. Before we embark upon examining the facts it would be appropriate to extract the principle of strict liability as accepted, endorsed and followed by Honble the Supreme Court in various judgments.

(3.) 1. This Letters Patent Appeal is directed against judgment and order dated 07.06.2012 rendered by the learned Single Judge of this Court, holding that the writ petition suffered from delay and laches because the cause of action had arisen on 29.05.1999 and the writ petition was filed in the year 2004. It has further been held that the claim made by the writ petitioner- appellants cannot be adjudicated in exercise of writ jurisdiction because disputed questions of facts are involved.