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Punjab & Haryana HC grants compensation of Rs 7.50 Lacs each to parents of 3 deceased students of Manimajra
Justice Ritu Bahri of the Punjab & Haryana High Court has allowed compensation of Rs 7.50 Lacs each to the parents of three young students of Manimajra who died by drowning in a Pond in Manimajra on 28-8-2002.

The three students Ajay S/o Sat Paul, Vijay Masih S/o Faqir Chand and Vijay Kumar S/o Naresh Kumar were students of 8th class in Govt. Hr. Sec. School Manimajra. They died because of drowning in an unfilled pond near Railway Crossing/IT Park in Indira Colony Manimajra on August 28, 2002.

The parents of all the three students had filed a joint writ petition through the Legal Cell of BJP before the High Court for compensation alleging that the officers of the Chandigarh Administration had taken earth out of this place, which resulted in a big low lying area, which ultimately got converted into a pond in the rainy season.

Satya Pal Jain, Senior Advocate representing the victoims argued that the unfortunate pond was the result of gross negligence on the part of officers of the Chandigarh Administration. They did not fill the area with earth after the completion of their project, which became a pond in the rainy season.

He said that all the three students were playing in that area when they suddenly slipped into this pond and died there and then. He said that the death has been caused only because of the negligence of the officers of the Chandigarh Administration. He said that the parents of 2 deceased students are working as sweepers and the other as a Labourer.

K. K. Gupta counsel for the Chandigarh Administration submitted that the death of the students was not caused because of the drowning as is clear from the DDR and the FIR in the Police Station Manimajra. It was alleged that the pond was not situated on Government or Municipal Corporation land but it was on private land.

The Judge observed that it was the responsibility of the UT Administration to maintain the low lying area. The court also observed that from the record and affidavits it is clear that the stand of the Administration that the low lying area, where the students had died was a private land is false.

"In view of the above, the petitions are held entitled to compensation of Rs.7.50 Lacs to each petitioner for loss of their sons along with interest @ 7.5% per annum form the date of filing of this petition, till the date of realization. Accordingly, petition is allowed qua U.T. Administration." the Judge said.

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