C.W.P NO. 4712 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 4712 OF 2009 DECIDED ON : 25.03.2009 Smt. Meena ...Petitioner versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Kunal Dawar, Advocate, for the petitioner. SURYA KANT, J. (ORAL) Notice of motion. Mr. R. D. Sharma, Senior DAG, Haryana, accepts notice on behalf of the respondents. In view of the nature of order which I propose to pass, there is no necessity to seek any counter-affidavit from the respondents. The petitioner seeks compensation to the tune of Rs.2 lacs along with interest, on account of accidental death of her son who is reported to have died as a result of collapsing of the wall constructed by the Gram Panchayat of village Sondhad, Tehsil Hodal, District Faridabad. C.W.P NO. 4712 OF 2009 -2- The petitioner's case is that on 19.05.2006 her son, namely, Mohan, aged about 18 years, was coming along with his uncle Babu, after grazing the cattle. At about 5/6:00 P.M, when he along with his uncle reached near the bus stand, it started raining. While uncle of Mohan sought shelter under a Keekar tree, Mohan sought shelter under a newly constructed wallby the Gram Panchayat of village Sondhad. The said wall suddenly collapsed and fell on Mohan, as a result of which he received multiple injuries and died at the spot. DDR No. 27 was also recorded on 20.05.2006 to this effect at Police Station Hodal and inquest proceedings under Section 174 of the Code of Criminal Procedure were also conducted. The petitioner sought compensation to the tune of Rs.2 lacs on account of the accidental death of her son due to collapsing of the wall constructed by the Gram Panchayat. A legal notice was also served on her behalf. The third respondent , vide his reply dated 06.12.2006 (Annexure P-6) though has admitted that the wall constructed by the Gram Panchayat fell upon Mohan as a result of which he died at the spot, however, has observed it to an act for which no-one was responsible. He, however, did not reject the petitioner's claim for compensation, nor was he competent to take any decision in this regard. The petitioner has thereafter also sent representations to the higher authorities but in vain. C.W.P NO. 4712 OF 2009 -3- There is a reference to some government Policy also for the grant of compensation in such like situations. In the totality of the circumstances and having regard to the nature of relief sought in this writ petition but without going into the merits of petitioner's claim, I deem it appropriate to dispose of this writ petition with a direction to the Deputy Commissioner, Faridabad to take cognizance of the petitioner's representation and decide her claim for compensation by passing a reasoned order within four months from the date of receipt of certified copy of this order. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MARCH 25, 2009 (SURYA KANT) shalini JUDGE