Mr. Mehta v. State of Harit Pradesh and A & B Pvt. Ltd.

Prayagpur is a famous tourist place known for its historical and religious importance in the state of

Haritpradesh. It hosts Maha Mela (a religious fair) once in every 10 years. Developmental activities are

going on in large scale due to upcoming Mela in 2013. Developmental activities, inter alia, include

construction of sewerage, roads, flyovers etc. Owing to laxity of government, there have been instances of

accidents due to collapse of roads and sewerage lines. Most part of the work has been outsourced to a

multinational construction company A & B Pvt. Ltd. However, the construction material is supplied by

the government and the work is not finished without the final clean chit of government engineers.

One Mr. Mehta owns a printing press in Bhagwaanpur locality of Prayagpur district. His press is best in

town and has printing machines of latest technology. Bhagwaanpur locality is known for water logging in

monsoon season. Despite repeated complaints in past, authorities have taken no steps to ameliorate the

problem. During monsoon season in 2012, Prayagpur experienced heavy rainfall. Infact heaviest in the

past decade. Due to which, newly constructed sewerage line in Bhagwaanpur locality gave way. It

resulted in heavy water logging in Bhagwaanpur locality. Water entered the premises of Mr. Mehta’s

press and destroyed the most modern and sophisticated printing machines along with stocks of raw papers

from various publishers. Mr. Mehta did not take any steps to prevent the possible intrusion of water in

monsoon season in the premises, given the fact that he lived in an area which is infamous for water

logging. Mr. Mehta incurred heavy losses in business and had to shut down his establishment for few

months. He also failed to procure lucrative contract a leading publisher.

Government ordered inquiry and it was later revealed that construction material used was of substandard

quality. Government contractors were bribed to use such low quality construction materials. Engineers of

A & B Pvt. Ltd. had knowledge of low quality supplies but still did not protest due to fear of loss of

further prospects in government works. It was also reported that there was negligence on part of

government engineers in giving final approval to the finished work. However, it was also put on records

that had such heavy rains not ensued, the sewerage line would have remained intact. Government

engineers were immediately suspended from service and future contracts to A & B Pvt. Ltd. were

terminated.

Mr. Mehta filed a writ petition in the High Court of Prayagpur claiming compensation to the tune of 20

Lakhs for the loss of business, profits and future prospects. Major grounds of his petition were

widespread irregularities and negligence in construction works and infringement of right to life and

personal liberty due to improper sanitary and drainage system in the locality.

Issues

1. Whether the writ petition is maintainable?

2. Whether the irregularity and negligence in construction work has violated petitioner’s right to life

and personal liberty? Whether the government is vicariously liable for the acts of A & B Pvt.

Ltd.?

3. Whether the compensation claimed is based on damage which is too remote?