Supreme Court - Daily Orders
Municipal Corporation, Hisar vs Gangaputra Rajesh Hindustani on 10 July, 2024
ITEM NO.8 COURT NO.1 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s).19598/2024
(Arising out of impugned final judgment and order dated 15-12-2023
in CWP No. 10596/2018 passed by the High Court of Punjab & Haryana
at Chandigarh)
MUNICIPAL CORPORATION, HISAR Petitioner(s)
VERSUS
GANGAPUTRA RAJESH HINDUSTANI & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.134060/2024-CONDONATION OF DELAY
IN FILING and IA No.134061/2024-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT)
Date : 10-07-2024 This petition was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) Mr. Alok Sangwan, Sr. A.A.G.
Mr. Sumit Kumar Sharma, Adv.
Mr. Samar Vijay Singh, AOR
Mr. Rajat Sangwan, Adv.
Mr. Vaibhav Yadav, Adv.
Ms. Sabarni Som, Adv.
Mr. Aman Dev Sharma, Adv.
Mr. Fateh Singh, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
1 Delay condoned. 2 Signature Not Verified The grievance of the Municipal Corporation, Hisar which is before this Court Digitally signed by Sanjay Kumar Date: 2024.07.10 16:14:10 IST under Article 136 of the Constitution, is that while directing the payment of Reason:
compensation in the amount of Rs 15 lakhs to the parents of a 13 month old 1 child who died in an open manhole, the liability ought to have been affixed on the Railway Administration and not on the Municipal Corporation. 3 The impugned order of the High Court is an interim order. As the proceedings are still pending before the High Court, all that needs to be clarified is that the High Court, while finally disposing of the petition, shall take an appropriate decision on the entity on whom liability has to be affixed in accordance with law. This will, however, not affect the disbursement of the compensation which has been directed to be made to the parents of the child, which is an eminently fair and proper order.
4 The Special Leave Petition is disposed of, subject to the aforesaid. 5 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
ADDITIONAL REGISTRAR ASSISTANT REGISTRAR
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