Delhi High Court Orders ₹30 Lakh Compensation To Kin Of Three Deceased Manual Scavengers

The Delhi High Court has orders compensation of Rs. 30 lakh each to the kin of three manual scavengers who died while cleaning a drain in 2017.

Justice Sachin Datta directed the city authorities to pay the amount to the families within eight weeks.

The court was dealing with a plea moved by the kin of the deceased sanitation workers who were engaged by a sub-contractor of the Delhi Jal Board. One of the petitioners was the widow of a manual scavenger whereas other two petitioners were brothers of another worker.

It was their case that even though they were awarded compensation of Rs.10 lakh at the time of demise, the said compensation be enhanced to Rs.30 lakh.

The court observed that the Supreme Court in Balram Singh v. Union of India issued directions that the compensation of Rs. 10 lakh that was given to the family members of the deceased workers be enhanced to Rs. 30 lakh.

Justice Datta observed that the directions, strictures and the embargo imposed by the Supreme Court are applicable to the DJB as well as to any agency that may be engaged by the DJB within any part of Delhi in connection with the work relating to the collection of sewage or carrying out works in connection to it.

“The above directions would necessarily apply to the respondent no.2/DJB or any agency that may be engaged by it or by the Union or State Government,” the court said.

The court said that it would be a travesty if the entitlement of the family members of the deceased scavenging workers was confined to Rs.10 lakh and would also defeat the directions of the Supreme Court.

“Let the said amount of Rs.30,00,000/- be paid to the petitioner no.1, who is stated to be the sole surviving legal heir of the deceased worker Lt. Sh. Annu. Further, the petitioner nos. 2 and 3 who are stated to be the two out of the three surviving brothers of one of the deceased sanitation workers are also entitled to be paid the proportionate share of compensation out of total compensation amount of Rs.30,00,000/- payable to the family members of the deceased workers,” the court ordered.

Counsel for Petitioners: Mr. Pawan Reley, Mr. Akshay Lodhi, Ms. Simran Singh and Mr. Vivek Gupta, Advs

Counsel for Respondents: Mr. Ripin Sood, Adv. for R-1 GNCTD; Mr. Amit Sharma, Adv. for R-2/DJB; Ms. Monika Arora, CGSC and Mr.Subhrodeep Saha, Adv. for UOI; Ms. Puja Kalra, SC and Mr. Virendra Singh, Adv. for MCD

Title: REKHA AND ORS v. GOVT OF NCT OF DELHI AND ORS

Citation: 2024 LiveLaw (Del) 604

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