Delhi HC orders Delhi Jal Board to pay Rs 22 lakh to family of 9-year-old who died after falling into an open pit

The Delhi High Court has directed the Delhi Jal Board (DJB) to pay ₹22 lakh in compensation to the parents of a nine-year-old boy who died in 2016 after falling into a water-filled pit on DJB-owned land. The court emphasized that it was DJB's primary responsibility to ensure the safety of the area and take preventive measures.

The incident occurred in July 2016 when the child, while flying kites with friends, ran towards a vacant ground owned by the DJB to retrieve a kite. The boy fell into an open pit filled with rainwater. After failing to return home, his parents, alerted by other children, found his body in the pit. They subsequently approached the court, alleging negligence on the part of the DJB, a TOI report stated.

Court's Observations

Justice Purushaindra Kumar Kaurav, in his recent ruling, stated, "It was the primary responsibility of DJB to maintain safe conditions and take due precautions in and around the said land, which it failed to do." The court noted that DJB could seek legal recourse against Tata Power Delhi Distribution Limited (TPDDL) or its contractors if they were found negligent in managing the land.

DJB's Defense and TPDDL's Position

DJB argued that the land was under TPDDL's possession during the incident and attributed the accident to TPDDL’s alleged negligence and the contributory negligence of the deceased. However, TPDDL contended that it neither owned nor managed the land and denied any liability, as the petitioners had not made specific allegations against it.

Court’s Conclusion

The court examined the evidence and found that the specific area where the pit was located was under DJB's possession, as indicated in the demarcation map. The court held that DJB, as the land's principal owner, could not evade its responsibility, even if parts of the land were assigned to TPDDL.

The court's directive highlights the importance of ensuring public safety and maintaining accountability in managing public lands.