New Delhi, August 24th, 2012

The National Human Rights Commission has asked the Delhi Government that it pay rupees one lakh as monetary relief to the next of kin of Master Rohit who died when the gate of a newly constructed baratghar in Mandoli area of Delhi came down grievously injuring him on the 4th July, 2010 during a function. The Commission has directed that a sum of rupees thirty thousand be paid to Master Akhash who suffered grievous head injury and rupees fifteen thousand to Kumari Shibha who escaped with simple head injury in the incident.

It was only after various notices of the Commission's that the Delhi Government eventually submitted the report of the Chief Engineer of its Irrigation and Flood Control Department concluding that the agency which executed the construction of the building is responsible for the defective work, but also added that misuse of the gate for swinging by the children also contributed to its fall.

The Commission set aside this contention that the use of the gate by the children for swinging purpose contributed considerably to the cause of fall of the gate and held that it collapsed due to inherent defect in the construction of baratghar.

According to the report, the building was constructed by the Irrigation and Flood Control Department from the funds provided by the Department of welfare of SC/ST. The report read that the 'Chopal' was in possession of the Panchayat Secretary for about a month when this incident happened on the 4th July, 2010. However, it could not be ascertained as to how the keys of the building handed over to the Panchayat Secretary, landed into the hands of the villagers, who were using it for holding various functions.

Initially, it took a while to receive any report into the incident from the Delhi Government as it was not sure whether the building belonged to it or to the Municipal Corporation of Delhi, which was already denied by it.

The Chief Secretary, Government of Delhi was asked on the 1st September, 2011 to show cause as to why the Commission should not recommend compensation for the next of kin of the deceased Master Rohit and for the injured Akash and Shibha, but having received no response from him, the Commission recommended monetary relief. He has been directed to submit a compliance report along with proof of payment within six weeks, the deadline for which is nearing an end this month.


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