A Division Bench of Delhi High Court comprising Chief justice Satish Chandra Sharma and Subramonium Prasad awarded Rs. 10 Lakh compensation to the family of two persons who died while clearing a blocked sewer on its own motion.
Earlier last month on 12.09.2022 Delhi High Court had issued notices in the matter to Delhi Development Authority observing
"It is brought to the notice of this Court that one Sweeper and a Security Guard fell into drainage as they were attempting to clean the clogged drainage. The matter has been published on page 8 of The Times of India, September 11, 2022 edition.
Let a Public Interest Litigation (PIL) be registered in the matter. Mr.Rajshekhar Rao, learned Senior Counsel, is appointed as Amicus Curiae to assist this Court in the matter.
Notice be issued to the Municipal Corporation of Delhi (MCD), the Chief Secretary (GNCTD), and the Delhi Jal Board (DJB), returnable on 21.09.2022."
Thereafter the matter was listed on 21.09.2022 and 27.09.2022 and the counsel for the appeared DDA informed the court that She has received the notice and sought time to get proper instruction.
The matter was listed before the Court today on 06.10.2022 when the court observed that it is unfortunate that even after 75 years of independence, poor people are forced to work as manual scavengers and the provisions of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR) are not being followed.
The Court observed that as it is directed the DDA to day Rs. 10 Lakh compensation to the families of two people who had died while clearing a block in a residential society in out Delhi's Mundaka on 09th September. According to news paper Rohit aged 32 years died while cleaning a sever and Ashok (a security guard) died in the incident while trying to save Rohit. The Ac appearing in the matter informed the court that Rohit was cleaning the sewer on his own and he did not have instruction to do the same. It was told by him that DDA had received a complaint and Rohit was working to resolve the issue.
Case Details:-
W.P.(C) 13304/2022
COURT ON ITS OWN MOTION ..... Petitioner
versus
MUNICIPAL CORPORATION
OF DELHI AND ORS ..... Respondent
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