HC pulls up DDA over death of mother-son duo by falling in open drain

New Delhi, Aug 22 (PTI) The Delhi High Court on Thursday pulled up the DDA over the death of a mother-son duo who fell into a waterlogged open drain here last month, as it noted that officials did not "supervise" the work done there by the contractor, who allegedly left certain portions of the drain uncovered.

A bench headed by Acting Chief Justice Manmohan also asked the Delhi Development Authority's (DDA) counsel to seek instructions on payment of compensation to the victims' family before the next date of hearing on September 5.

"DDA officers are not supervising it properly. Your officers are issuing completion certificates without going to the sites. Just look at this. He (contractor) left it uncovered. No monitoring done by your staff. Anyone can fall into this," the bench, also comprising Justice Tushar Rao Gedela, said.

The counsel for the DDA assured the court that law will take its course and strict action will be taken against those responsible.

Police said the investigation in the matter will be completed within a month and while the contractor has been arrested, notices have been issued to the DDA as well as Municipal Corporation of Delhi (MCD) officials and relevant records seized.

The court told the DDA's counsel that the authority was "in denial mode" and said, "Thankfully, police were outside your (jurisdiction). Otherwise you would have been protecting them (the officials) there." The court was hearing a public interest litigation (PIL) plea filed by Jhunnu Lal Srivastava, a resident of Mayur Vihar Phase 3, for action against the contractor and DDA officials for their alleged negligence that led to the death of the woman and her three-year-old son.

Tanuja (22) and her son Priyansh drowned in the half-open under-construction drain in a waterlogged street in east Delhi's Ghazipur area as heavy rains lashed Delhi-NCR in the evening of July 31.

Police informed the court that construction work was completed at the drain earlier that month at the DDA's insistence.

The police's counsel said after the completion of the work, the contractor left the drain uncovered and the bodies of the deceased persons were retrieved after breaking the slab of the drain cover, 70 metres away from the opening through which they fell.

The court was also told that even while the work was going on, there was no fencing or public warning.

Police said their investigation is almost complete and after finalising the chargesheet, sanction would be sought to proceed against the erring officials.

Earlier, police had told the court that an FIR was registered for offences under section 106 of the Bharatiya Nyaya Sanhita for "causing death by negligence".

The PIL has also sought compensation for the family of the deceased as well as a comprehensive audit of all ongoing drain-construction projects in Delhi and directions to ensure that proper safety measures, including barricades, warning signs and adequate lighting, are in place.

The plea has further sought directions to police to lodge an FIR and initiate a probe into the incident that led to the death of the woman and her son. PTI ADS RC