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Judgment
Devendra Kumar Arora, J.
The petitioner had approached this Court to point out the failure of respondent no. 2 to comply the statutory duties in the instant case of not covering the manholes by the Lucknow Development Authority.
The case of the petitioner is that on 30.01.2009, some children were playing in Vastu Khand, Gomti Nagar, Lucknow. When they attacked by a dog, they ran away and one child aged about three years namely Shailesh fell in the manhole and died.
No counter affidavit has been filed on behalf of respondent no. 2 disputing the said averments.
At the bar learned counsel for respondent no. 2 states that Lucknow Development Authority handed over the colony to Jal Sansthan and Nagar Nigam, Lucknow. There is nothing to show that at the time when colony was handed over, the manholes were covered.
In light of that, in our opinion, considering the tragic death of a citizen on account of failure of respondent no. 2 to perform statutory duties, we think it appropriate that a sum of Rs. 1,00,000/ (one lakh) be directed to be paid by respondent no. 2 by depositing the amount in this Court within 15 days from today. The said amount thereafter be paid to the parents of minor late Shailesh, who died on account of the accident.
The petitioner to file an affidavit giving the name and address of the parents of late Shailesh. The petitioner may seek assistance of Police Inspector of Police Station, Gomti Nagar, Lucknow to trace out the parents and their address, so that they can be informed to approach this Court. Copy of this order be given by the petitioner to the Police Station, Gomti Nagar, Lucknow in order to take steps to find out the parents of the deceased Shailesh and also their address.
List the matter on board on 09.05.2011.