CWPIL No.

7 of 2014
Court on its own motion.

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09.06.2014 Present:

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Mr. V.K.Verma and Ms. Meenakshi Sharma, Additional

Advocate Generals with Ms. Parul Negi, Dy. Advocate
General, for respondents No. 1 to 3 and 5 to 9.
Mr. Vivek Sharma, Advocate, vice Mr. Satyen Vaidya,
Advocate, for respondents No.4, 10 and 11.

This case has been registered as Public Interest

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Litigation after Honble the Acting Chief Justice took cognizance of

the report which appeared in the Hindi daily Amar Ujala in its 9th
June, 2014 Edition.
2.

In the news-item, it has been reported that 24 students

from VNR Jyoti Institute of Engineering, Hyderabad are feared to

have been washed away in the Beas river on 8.6.2014 at about 6.15

p.m. after the Larji Hydel Power Project authorities discharged the

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water into river allegedly without any prior warning. The students

were on an excursion to Manali.

3.

Going by the contents of the news-item, it is a sad tale

by reason of the fact that sheer fun of the young students turned out
to be fatal as a consequence of utter and callous negligence of the
Power Project Authorities. In case the water has been discharged
without any warning as alleged, then prima-facie, it is established
that it is not only a case of callousness, but a case of grave
negligence on the part of the project authorities.
4.

It cannot even be said to be an error of judgment or

accident inasmuch as it was the duty of the authorities to have

atleast issue warning and resorted to the usual and common method

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of blaring the siren so as to ensure evacuation of the river bank

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before discharging the water. Therefore, the Project authorities have

prima-facie displayed callous and wanton disregard to their duties.
5.

Taking into consideration the gravity of the situation, the

respondent No.1 is commanded to file a status report latest by

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16.6.2014 wherein a special reference to (i) cause of incident ; (ii)

details of the steps taken with regard to the relief and rescue; (iii)
place on record instructions regarding procedure to be observed
before discharge of water from the barrage/reservoir etc.; (iv) details

of the warning system found installed at the site including and not

restricted to siren, board carrying message of warning etc. and (v)

place on record the steps taken to ensure no re-occurrence of such

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incident in future.

6.

In the meanwhile, the respondent No.1 alongwith other

respondents are directed to render all possible help and assistance

to locate and trace the missing students. In case of any casualty of
life, the respondents will ensure that the bodies of the victims of this
unfortunate tragedy are handed over with dignity and respect to the
parents/guardians and further ensure that adequate arrangements
are made for transporting the bodies to the native place(s) of the
victims. The respondent No.1, if need be, shall take assistance of
civic, para-military and military authorities etc. so as to trace the
missing students and take all other follow up action as the situation
may warrant.

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7.

The respondent No.1 is also directed to set up a

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helpline number, if not already set up, and have the same displayed

on the official website of the Government and is further directed to

inform and request his counterparts in the State of Andhra Pradesh
(Both old and new) about the same and to further request them to

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display these helpline numbers on their official websites and

broadcast these over local radio and TV channels and newspapers.
Toll free number be also communicated to the College concerned so
as to provide latest information to the eager and anxious parents,

guardians and well-wishers about the latest knowledge regarding

whereabouts of their near and dear ones.

The Project authorities in the meanwhile are directed to

9.

Let authenticated copy be supplied to the learned

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take all remedial measures so as to avoid any mishap in future.

Additional Advocate General and the counsel appearing for

HPSEBL.
June 9, 2014
(GR)

(Tarlok Singh Chauhan)

Vacation Judge.

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