RSA No.3094 of 2009 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3094 of 2009 Date of Decision: 21.8.2009 State of Haryana ......Appellant Versus Smt. Anita Devi and others .......Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Kulvir Narwal, Additional AG, Haryana, for the appellant. HEMANT GUPTA, J. (Oral). Defendant No.1 is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit of the plaintiff for damages was decreed. The learned trial Court granted a decree for recovery of Rs.2,15,000/- as damages, in favour of plaintiff Nos. 2 and 3, on account of death of Pawan because of fall of Vikas Patt on him. But the learned first Appellate Court, while maintaining the decree granted by the learned trial Court, awarded an amount of Rs.50,000/- as damages to plaintiff No.1 Anita Devi, widow of Pawan Kumar as well. It was pleaded by the plaintiffs that Pawan Kumar died on 27.5.2001 because of fall of Vikas Patt on him, when he has taken shelter RSA No.3094 of 2009 (2) underneath the same in order to save him from the windstorm. Both the Courts have returned a concurrent finding of fact that it is the appellant, who is responsible for all the development activities undertaken by the Gram Panchayat, therefore, the appellant was also made liable for payment of compensation. Learned counsel for the appellant has vehemently argued that Vikas Patt was constructed by the Gram Panchayat, as all the development works incurring the expenditure upto Rs.3 lacs fall within the domain of Gram Panchayat, therefore, the appellant has been wrongly saddled with the liability of payment of compensation. The Courts below have fastened the liability upon the appellant for the reason that the State has overall control on all the development works undertaken by the Gram Panchayat, though the Junior Engineers and Sub Divisional Officers, are from the Panchayati Raj Department. It is the admitted position that such officers are under the direct supervision and control of BDPOs and DDPOs, who in turn report to the Senior Government functionaries to run the smooth affairs of the construction and development activities in the village. Thus, both the Courts have recorded a concurrent finding of fact that for the faulty construction of Vikas Patt, both the defendants are liable to make payment of compensation. The State has a deep and pervasive control over the Panchayats in respect of the development activities undertaken by the Panchayats. Therefore, the appellant cannot be absolved from the liability. However, if the law so permits, it is open to the appellant to recover the amount of compensation from the Gram Panchayat. RSA No.3094 of 2009 (3) Consequently, I do not find any patent illegality or material irregularity in the finding recorded or that the finding recorded gives rise to any substantial question of law in the present second appeal. Hence, the present appeal is dismissed. (HEMANT GUPTA) JUDGE 21.8.2009 ds