Terming the conduct of the Delhi Development Authority (DDA) as completely “asympathetic”, the Delhi High Court on Tuesday pulled up the authority for the failure to comply with its earlier order directing it to pay a sum of Rs 10 lakh each to the families of the two persons who lost their lives while inhaling poisonous gases inside a sewer in the capital.
The Division Bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad had taken a suo moto cognizance of the alleged incident based on a media report published in September 11 edition of The Times of India.
As per the news report, a sanitation worker identified as Rohit died after falling unconscious when cleaning a clogged sewer in a residential colony in Delhi’s Mundka last week. Ashok Gulia, a security guard who entered the sewer to rescue Rohit also fell unconscious and died.
The two men were pulled out of the sewer with the help of a fire brigade and were immediately rushed to the hospital where they were declared dead. The police has registered a case of death due to negligence.
On October 6, observing that it is really unfortunate that even after 75 years of Independence, poor people are being forced to work as manual scavengers, the bench had directed the DDA to pay a sum of Rs.10 lakh each to the families of the deceased persons and also to consider the claim for grant of compassionate appointment to an eligible family member.
During the course of the hearing today, the counsel appearing for the DDA informed the court that it is the duty of the state government to pay the amount and the authority is not responsible for payment of the same.
At this juncture, expressing its displeasure, the bench observed that the question of liability could have been decided at a later stage.
“The order was passed by this court on 06.10.2022 to provide immediate assistance to the families and the question of liability could have been decided at a later stage meaning thereby, the amount could have been transferred by the state governmnent to the DDA. However, not a single rupee was paid by the DDA to the family of the deceased workmen,” noted the bench.
The bench goes on to add that- “The conduct of the DDA reflects a complete asympathetic attitude towards the family of the deceased persons.”
“We are dealing with people who are working for us, who are making our lives comfortable and this is the manner and method they are being dealt with by the authorities. It’s very unfortunate….My head hangs in shame,” the bench remarked orally.
On the claim of grant of compassionte appointment to a dependant of the deceased persons, the counsel apparing for the DDA is granted 15 days’ time to pass an appropriate order. The counsel representing the Delhi Government informed the court that the government has paid a sum of Rs.1 lakh each to the kin of deceased workers on September 21. He submitted that the said compensation was paid on account of a cabinet decision of March 5, 2020 and that the DDA is trying to mix up the same with the compensation directed to be paid on account of the decision of the Supreme Court in Safai Karamchari Andolan & Ors. Vs. Union of India & Ors. (2014).
The bench then directed the government to release the remaining amount of Rs.9 lakh to the family members. It further directed the government to file a status report informing about the action taken in the matter in accordance with the Prohibition of Employment as Manual Scavenger and their Rehabilitation Act, 2013.
The matter will next be heard on December 2, 2022.