New Delhi, Nov 25 (PTI) The Delhi High Court has directed the Delhi Jal Board to pay Rs 22 lakh compensation to the parents of a nine-year-old boy who died after falling in a pit in 2016, saying that DJB's negligence has been established.

The high court said it was the primary responsibility of the DJB to maintain safe conditions and take necessary precautions around the land which the authorities failed to do.

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The court was dealing with a petition by the parents of the deceased child who fell in a pit filled with rainwater and died allegedly due to the gross negligence and dereliction of duty on the part of the authorities.

The incident took place in July 2016, when the child along with other kids was flying kites. To chase a kite, he ran towards a nearly vacant ground owned by the DJB and fell into the pit which was dug there.

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When he did not return home, his parents enquired from other children and went to the vacant land where his body was found in the pit. The parents approached the court seeking compensation for their child's death due to the alleged negligence of DJB.

"It was the primary responsibility of DJB to maintain safe conditions and take due precautions in and around the said land, which it failed to do.

"Furthermore, if as per DJB, Tata Power Delhi Distribution Private Limited (TPDDL) was negligent in maintaining the land, DJB is at liberty to initiate legal action against TPDDL or its contractors for any negligent acts concerning the land, in accordance with the law," Justice Purushaindra Kumar Kaurav said, adding that DJB's negligence has been established.

DJB claimed that the land was in possession of TPDDL when the incident took place and alleged that the unfortunate incident was a consequence of negligence on the part of TPDDL and contributory negligence of the deceased.

The counsel for TPDDL said the petition was not maintainable against it and the petitioners have neither made any allegations against it nor specifically averred any negligence on its part.

He said that the land at which the unfortunate incident took place is neither owned nor possessed by TPDDL.

The court said it was evident from the record that the demarcated map of the land indicates that the specific area of land, where the pit was dug up, was not earmarked to TPDDL but remained under DJB possession.

"Even if it is presumed that the land was earmarked to TPDDL, DJB cannot escape from its liability being the principal owner of the land," it said.

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