Bombay High Court
Sanjana Sachin Pawar vs State Of Maharashtra Thr. Social ... on 26 April, 2022
Bench: R.P. Mohite-Dere, Madhav J. Jamdar
4. WP 4843-2022.doc
Digitally signed
by RUPALI
RAJESH
RUPALI WAKODIKAR
RAJESH
WAKODIKAR Date:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2022.04.26
19:05:20
+0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4843 OF 2022
Sanjana Sachin Pawar ...Petitioner
Versus
The State of Maharashtra Thr.
Social Justice and Special Assistance
Dept. and Ors. ...Respondents
Ms. Meenaz Kakalia a/w Veda Thakker for the Petitioner.
Mrs. Neha Bhide, 'B' Panel Counsel for the Respondent-State.
Mr. Om Suryawanshi for the Respondent No.2 - MCGM.
CORAM : REVATI MOHITE DERE &
MADHAV J. JAMDAR, JJ.
DATE : 26th APRIL, 2022
P.C. :
1. By this petition, the petitioner seeks a direction to the
respondent No.1 - State of Maharashtra through the Social Justice and
Special Assistance Department, to grant compensation of Rs.10,00,000/- to
the petitioner in accordance with the the Judgment of the Apex Court dated
27th March, 2014 in Safai Karamchari Andolan & Ors. V/s Union of India
& Ors. In the said Judgment, the Apex Court in para 14, after noting
various provisions of the Manual Scavengers and their Rehabilitation Act,
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4. WP 4843-2022.doc
2013 and having regard to several orders passed by the said Court, issued
certain directions. One of the direction set out in clause (iii) reads thus;
"(iii) Identify the families of all persons who have died in
sewerage work (manholes, septic tanks) since 1993 and award
compensation of Rs.10 lakhs for each such death to the family
members depending on them."
2. The Apex Court, directed the State Government and Union
Territories to fully implement the said directions and to take appropriate
action for non-implementation as well as for violation of the provisions of
the 2013 Act.
3. Learned Counsel for the State submits that although the
incident in question had taken place on 11 th May, 2017, the petition was
filed only in 2021. She submits that the petitioner ought to have made an
application/representation to the Sub Divisional Officer, Mumbai Eastern
Suburb. She further submits that no details have been given by the
petitioner, with respect to petitioner's husband's employer.
4. It is the duty of the State to identify the families of the persons
who have died in sewerage work (manholes, Septic tanks) since 1990 and
award compensation of Rs.10,00,000/- for each, such death to the family
members depending on them. It is thus, the duty of the State
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4. WP 4843-2022.doc
Government to carry out the said exercise.
5. Learned Counsel for the State seeks time.
6. We direct a competent and responsible officer from the
department of Social Justice and Special Assistance Department, as well as
from the Revenue Department, be remain present with instructions
tomorrow i.e. on 27th April, 2022 at 3.30 p.m.
7. We also direct a responsible officer from the Sakinaka Police
Station to remain present with the papers of investigation in connection
with C.R.No.74 of 2017 registered with the Sakinaka Police Station,
concerning the death of Sachin Pawar.
8. We also direct a responsible officer from the Respondent No.2-
MCGM to remain present with the file pertaining to the petitioner's
husband.
9. Stand over to 27th April, 2022 at 3.30 p.m.
MADHAV J. JAMDAR, J. REVATI MOHITE DERE, J.
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