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Synopsis

The Delhi High Court on Thursday ordered the Delhi Development Authority (DDA) to pay Rs 20 lakh in compensation to legal heirs of the deceased mother-son duo who died after falling into a waterlogged open drain in July.

The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela was hearing a public interest litigation (PIL) seeking action against the contractor and DDA officials for negligence, which led to the death of 23-year-old (Tanuja) and her 3-year-old son (Priyansh). The Bench after granting compensation accordingly closed the instant writ petition.

Standing Counsel Prabhsahay Kaur, representing the DDA, initially offered Rs 15 lakh in compensation. The bench pointed out that the norm is Rs 20 lakh, to which Kaur agreed. She further argued before the bench by referring to paragraphs 12 and 14 of the Delhi Police's status report. She stated that the portion of the drain under the control of the MCD was completely uncovered, and no safety measures had been taken by the MCD to prevent such incidents.

In opposition, Advocate Manu Chaturvedi, representing the Municipal Corporation of Delhi (MCD), argued that "para 12 and 14 of the report had no relevance to the current matter."

However, Kaur, in her defense quoted a case of coordinate bench of hon’ble high court wherein in the event of a dispute between the MCD and DDA, compensation should be shared, and one party has the right to recover it from the other. The bench noted that the matter should end here, considering that the DDA’s contractor is already in custody.

 "The entire MCD drain was uncovered, while the DDA’s portion was at least covered, Kaur was quoted as saying."

Advocate Manu Chaturvedi, on the other hand, said "petitioners' case is against the DDA, the police's case is against the DDA, and even the DDA's own contractor's case points to the DDA."

Advocate Adnan Yousuf, representing the petitioner, quoted the case of [Balram Singh v. Union of India & Ors] where compensation was increased from ₹10 lakh to ₹30 lakh. He argued that the same principle should apply in this case.

Finally, the bench reviewed the status report filed by Advocate Manu Chaturvedi on behalf of the MCD. The court after perusing photographs of the drain noted the 'site was still quite dirty'. In response, the MCD's counsel assured the court that the drains would be cleaned.

Background

Previously, the Delhi High Court criticized the DDA over their officers granting completion certificates to the contractor without inspecting the site. The bench noted, “Your officers (DDA) are providing a completion certificate without duly inspecting the site. The drains were uncovered. Your staff was not available at the site”. Advocate Adnan Yousuf, representing the petitioner, said that the DDA and  Municipal Corporation of Delhi (MCD) both failed follow safety guidelines. 

On 2 August, the bench of Delhi HC termed the incident a ‘shocking state of affairs’, highlighting the failure of senior civic body officials to fulfil their supervisory duties. The court also questioned the Delhi Police about their investigation into the incident.

Case Title: Jhunnu Lal Srivastava v Delhi Development Authority (W.P.(C) 10792 /2024)