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Farida and anr. Vs. Govt. of N.C.T. of Delhi and ors.

Farida and anr. vs Govt. of N.C.T. of Delhi and ors.

Type Court Judgment Court Delhi Decided Dec 11, 2001
~3 min read
https://sooperkanoon.com/case/692529

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Crl. W. No. 720 of 1999
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

Constitution of India, 1950 - Article 226--Criminal Writ Petition--Incident was due to the negligence security--Sought to take steps to provide more police assistance wherever necessary, particularly near the schools areas Letter Patent Appeal--Compensation paid to the petitioners is only by way of interim measure--...

Key legal issue
Civil
Acts & sections
Constituion of India - Article 226

Parties & Advocates

Appellant / Petitioner

Farida and anr.

Advocate Ashok Aggarwal, Adv

Respondent

Govt. of N.C.T. of Delhi and ors.

Advocate Mukta Gupta, Adv.; Avinish Ahlawat, Adv.

Legal References

Acts
Constituion of India - Article 226
Reported In
97(2002)DLT229; 2002(63)DRJ524

Excerpt

constitution of india, 1950 - article 226--criminal writ petition--incident was due to the negligence security--sought to take steps to provide more police assistance wherever necessary, particularly near the schools areas letter patent appeal--compensation paid to the petitioners is only by way of interim measure--petition disposed of.;out of these 357 in puce buildings 251 in semi-pucca buildings, 90 schools are ion tin shed with tin shed boundary walls. affidavit further states that some deficiencies have been noticed in some of the schools out of which 11 are in party/mcd premises or the land which is not allotted to the director of education. we need not go in further details of what is stated in the affidavit.;as such we are not inclined to pass any further directions in this petition, except by making it clear that the compensation paid to the petitioners by order dated 5th august, 1999 is only by way of interim measure. the petitioners are at liberty to have redressal of their grievance in accordance with law in appropriate proceedings. - - 1 had failed to discharge its obligation in notproviding adequate security to the school children and accordingly directed thatthe petitioners, who are the parents of the child, who died in the shoot incident bepaid a sum of rs......obligation in notproviding adequate security to the school children and accordingly directed thatthe petitioners, who are the parents of the child, who died in the shoot incident bepaid a sum of rs. 50,000/- towards damages by way of interim measure only.pursuant to the said order the said amount of rs. 50,000/- was paid to thepursuant to the said order the said amount of rs. 50,000/- was paid to thepetitioners. after the amount had been paid the bench proceeded to deal with theother questions raised in the petition. in the last affidavit filed by the joint directorof education n.c.t. of delhi in addition to reiterating the earlier stand taken in theaffidavit of the joint director of education enclosing therewith reports of education,officer about the scrutiny conditions in the schools which were not havingboundary walls etc., it was pointed out that about 1027 schools are run by theeducation department in single/double shift. out of these 357 in puce buildings251 in semi puce buildings, 90 schools are in tin shed with tin shed boundary walls.affidavit further stated that some deficiencies have been noticed in some of theschools out of which 11 are in part/mcd premises or the land which is no allottedto the director of education. we need not go in further details of what is stoned inthe affidavit, since we are informed that the question raised by the petitioner in thispetition about condition of schools a subject matter in writ petition no. 5325/97titled all india lawyers union v. mcd and ors., which is pending consideration inthis court. thus we are not inclined to pass any further directions in this petition,except by making it clear that the compensation paid to the petitioners by orderdated 5th august, 1999 is only by way of interim measure. the petitioners are atliberty to have redressal of their grievance in accordance with law in appropriateproceedings.3. with the observations aforementioned, the petition stands disposed of.

Full Judgment

ORDER

1. This petition was instituted on 2nd August, 1999 by the parents of deceasedMehnaz seeking directions against respondents alleging that the death of Mehnazwas as a result of the shoot out incident on 5.2.1999 within the premises ofGovernment Girls Senior Secondary School, Brahm Puri, Delhi. It was alleged thatthe incident was due to the negligence on the part of respondent No. 1 to provideadequate security to the school children. Consequently directions were soughtagainst respondents to take adequate security measures in all schools run byrespondent Nos. 1 and 3 in the National Capital Territory of Delhi and particularlyfor the students when they are in the school premises during school hours. Anotherdirection was sought against respondent No. 4 to take steps to provide more policeassistance wherever necessary, particularly near the schools areas.

2. After notice to the respondents and considering the reply the Court primafacie concluded that respondent No. 1 had failed to discharge its obligation in notproviding adequate security to the school children and accordingly directed thatthe petitioners, who are the parents of the child, who died in the shoot incident bepaid a sum of Rs. 50,000/- towards damages by way of interim measure only.Pursuant to the said order the said amount of Rs. 50,000/- was paid to thePursuant to the said order the said amount of Rs. 50,000/- was paid to thepetitioners. After the amount had been paid the Bench proceeded to deal with theother questions raised in the petition. In the last affidavit filed by the Joint Directorof Education N.C.T. of Delhi in addition to reiterating the earlier stand taken in theaffidavit of the Joint Director of Education enclosing therewith reports of Education,Officer about the scrutiny conditions in the schools which were not havingboundary walls etc., it was pointed out that about 1027 schools are run by theEducation Department in single/double shift. Out of these 357 in puce buildings251 in semi puce buildings, 90 schools are in tin shed with tin shed boundary walls.Affidavit further stated that some deficiencies have been noticed in some of theschools out of which 11 are in part/MCD premises or the land which is no allottedto the Director of Education. We need not go in further details of what is stoned inthe affidavit, since we are informed that the question raised by the petitioner in thispetition about condition of schools a subject matter in Writ Petition No. 5325/97titled All India Lawyers Union v. MCD and Ors., which is pending consideration inthis Court. Thus we are not inclined to pass any further directions in this petition,except by making it clear that the compensation paid to the petitioners by orderdated 5th August, 1999 is only by way of interim measure. The petitioners are atliberty to have redressal of their grievance in accordance with law in appropriateproceedings.

3. With the observations aforementioned, the petition stands disposed of.

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