In a significant ruling, the Delhi High Court has ordered the Delhi Jal Board (DJB) to pay ₹22 lakh as compensation for the tragic death of a nine-year-old boy in 2016, attributing his death to the agency’s negligence. The court concluded that the DJB failed to ensure safety on its property, leading to the fatal incident.
The case revolves around a heart-wrenching event where the child, while flying kites with friends, ran after a stray kite and fell into a water-filled pit on a plot of land under DJB’s ownership. Despite efforts by his parents to locate him after he didn’t return home, his lifeless body was later discovered in the pit.
During the proceedings, the boy’s parents sought compensation, blaming the DJB for negligence and dereliction of duty. They argued that the DJB had a fundamental duty to maintain the land safely, a duty it egregiously failed to uphold.
Justice Purushaindra Kumar Kaurav, presiding over the matter, noted the DJB’s primary responsibility to secure the premises and declared its failure to do so. The judge also mentioned that if the DJB believes Tata Power Delhi Distribution Private Limited (TPDDL) or its contractors had a role in the negligence, it could seek legal recourse against them.
The DJB had attempted to deflect blame by claiming TPDDL owned the land at the time. However, TPDDL countered, stating that the land was neither owned nor controlled by them and challenged the maintainability of the petition against them.
Upon reviewing the records and the land’s demarcated map, the court found that the specific area where the pit was located was indeed under the jurisdiction of the DJB, dismissing the argument that TPDDL was responsible.
