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4. In response to the petition, the District Social Welfare Officer (DSWO), Angul has filed a counter affidavit. The fact that both children died on 7th September 2012 due drowning in the pits excavated inside the School campus is not denied. It is stated that the School Managing Committee (Managing Committee) of the School was undertaking construction of additional classrooms for which the pits had been excavated. It is pointed that the work was halted on account of heavy rain fall. Both pits had been filled with rain water upto a depth of 4.5 feet. Both girls admittedly fell inside the pits and died due to drowning. At around 2.30 pm, the dead bodies were recovered from the water pits and sent to the local nursing home where they were declared brought dead.

in the premises of the School. The postmortem report is stated to have determined the cause of death as "asphyxia and shock (laryngeal spasm)." It is stated that the Assistant Surgeon of the District Headquarters, Angul has in a subsequent report clarified that "death may be due to drowning (dry drowning)." Copy of the postmortem report has been enclosed with the affidavit.

9. The present petition was listed once on 31st January 2013, when notice was issued and next on 15th March 2021 when this Court directed its final hearing to take place on 11th May, 2021. Finally, the hearing concluded and orders were reserved on 9th September, 2021.

11. Mr. Sahoo, learned Additional Government Advocate for the State-Opposite Parties has not disputed the basic facts. However, he has contended that there could be contributory negligence on the part of the parents since the children who had fallen into the pits at a time beyond the normal working hours of the AWC.

12. The Court finds that the basic facts are not in dispute. Importantly, there is no denial of the fact that the three pits had been excavated in the school premises for construction of additional classrooms and that the 4 ½ feet pits were left open without any barricade. The photographs enclosed with the present petition show that the rainwater filled pits were left unguarded. There is no warning sign anywhere. The counter affidavits by the DSWO and the Police do not deny that the excavated pits were fully filled with water on account of the rain and are unbarricaded. What is also not in dispute is that both the young children fell into the pits and drowned to their death.

21. The undisputed facts are that the two children fell into rainwater filled pits of 4 ½ feet depth and drowned. That the deaths were on account of the sheer negligence of the Scholl authorities in leaving the pits unbarricaded and with no warning signs stands established in the police inquiry as well as the post mortem reports that have been placed on record. In the considered view of the Court, this is a case where apart from the principle of strict liability the principle of res ipsa loquitur would also apply.