Case Title – High Court in its own Motion v. State of Maharashtra & Ors.
Summary
The Bombay High Court has ordered the Brihanmumbai Municipal Corporation (BMC) to provide ad-hoc compensation of Rs 10 lakhs to the parents of two minor boys who drowned in an open water reservoir at a civic garden in Mumbai’s Wadala. The parents will receive Rs. 5 lakhs per victim from the contractor in question. The water reservoir is now adequately protected. A suo motu PIL was being addressed by a division bench consisting of Justice GS Patel and Justice Kamal Khata, aiming to establish a system and accountability for the awarding of compensation in cases where accidents or deaths occur due to negligence by the municipal corporation and other civic entities. The court has requested the BMC’s affidavit providing the precise details of the demolition to verify that it was not an “ad hoc action” by the BMC.
About the case
The Bombay High Court was informed by the Brihanmumbai Municipal Corporation (BMC) on Tuesday that the parents of two minor boys who drowned in an open water reservoir at a civic garden in Mumbai’s Wadala will receive ad-hoc compensation of Rs 10 lakhs to address the special case. The parents will receive a compensation of Rs. 5 lakhs per victim from the contractor in question, according to Senior Advocate Anil Singh of BMC. He also stated that the water reservoir is now adequately protected.
A suo motu PIL was being addressed by a division bench consisting of Justice GS Patel and Justice Kamal Khata. The purpose of the PIL was to establish a system and establish accountability for the awarding of compensation in cases where accidents or deaths occur as a result of negligence by the municipal corporation and other civic entities.
“The matter will be resolved at a later date.” Justice Patel asked today whether an ad-hoc compensation has been provided, and whether motor accidents law or insurance law will apply, as well as whether open-ended liability that proceeds through suits, is a separate matter. The bench took suo motu cognizance of news reports and an article published in the Deccan Herald regarding the discovery of the bodies of two boys, aged four and five, in a water tank that lacked an adequate cover or lid. The family’s domicile was demolished following the court’s inception of the suo motu PIL, as reported by subsequent news outlets.
“Two facts are combined to generate an alternative perspective.” Had this regrettable incident not occurred, the demolition would have occurred in due course. We do not want one individual to color the other before the court…Justice Patel observed that these matters cannot be litigated in the press.
The court has previously stated that it is not broadening the scope of the current PIL, and the matter of demolition can be resolved through distinct petitions or PILs. Nevertheless, the court had requested the BMC’s affidavit providing the precise details of the demolition in order to verify that it was not an “ad hoc action” by the BMC. BMC submitted its affidavit today, asserting that measures have been underway to remove encroachments from the affected area since 2016. The court observed that a substantial number of demolition notices were issued between February 2016 and 2024. Following a government resolution, the affidavit further stated that the eligibility of specific occupants for alternate accommodation was determined. The eligibility list did not include the family of the two boys, according to Senior Advocate Anil Singh, who spoke with LiveLaw. In addition, he stated that their hutment was served with a demolition notice. The court decided to disentangle the demolition aspect from the primary inquiry, which pertains to the liability of civic bodies for fatalities or accidents that result from their negligence, after reviewing the affidavit. The court has previously directed BMC to submit an additional affidavit that elucidates the existence of any Standard Operating Procedures (SOPs) that are in place to determine liability and compensation whenever BMC undertakes any work that involves digging up, excavation, or the creation of a potentially dangerous situation in a public area.
