AJN 01-CRI-PIL3.11 : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL PUBLIC INTEREST LITIGATION NO.3 OF 2011 Indur Kartar Chhugani. ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Ms. P.H. Baddare i/b Mr. V.P. Patil for the petitioner. Mr. S.S. Pakale with Ms. Seema Pawade for respondent 1. Mr Kirankumar Phakade for respondent 5. CORAM: SMT. RANJANA DESAI, & RANJIT MORE, JJ. DATED : 1ST JULY, 2011. P.C.:- 1. Without prejudice to the rights and contentions of respondent 5, counsel for respondent 5 has brought to the court a demand draft in the sum of Rs.50,000/- drawn in the name of the Registrar General of this court. This is in addition to earlier payment of Rs.50,000/- made by respondent 5. Counsel for respondent 5 states that he AJN 01-CRI-PIL3.11 : 2 : will deposit it in the Registry within two days. On such deposit being made, the Registrar General shall on confirming the identity of the heirs of deceased Pattamal Naidu, distribute the amount equally between them. 2. So far as the main question of alleged negligence is concerned, Mr. Pakale learned counsel for the Corporation states that the Corporation had taken enough care to create barricades and the Corporation cannot be held responsible for the death of said Pattamal Naidu. It is also the contention of respondent 5 that he is not responsible for the mishap. In view of the several disputed questions involved in the petition, it is not possible for us to identify as to who is responsible for the mishap. The heirs of Pattamal Naidu will be at liberty to agitate this issue by filing appropriate proceedings. Needless to say that acceptance of money by them from respondent 5 is without prejudice to their rights and contentions. 3. In the circumstances of the case, in our opinion, it is AJN 01-CRI-PIL3.11 : 3 : necessary to give a direction to the Corporation so that such incidents do not occur in future. The Corporation is directed to regularly supervise civil works, which are in progress and which are undertaken by the Corporation. The Corporation shall ensure that adequate precaution is taken to prevent any such mishaps by creating strong barricades or by taking such other measures particularly where the trenches are dug for the purpose of laying sewage pipes, etc. 4. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [RANJIT MORE, J.]