Municipal Corporation of Delhi v. Subhagwanti,
AIR 1966 SC 1750
Case Summary
(Negligence in law of torts)
Facts:
The situation originated from a storm-related event in which a wall built by the Municipal Corporation of Delhi (MCD) fell, leading to the fatality of a child and harm to multiple people. The MCD was accused of negligence in maintaining the wall by the victims' families in a petition, citing it as a risk to the public.
Legal Issues:
The main legal questions addressed were: (1) MCD's potential liability for negligence, and (2) the relevance of sovereign immunity for municipal corporations in comparable situations. The plaintiffs argued that the MCD was responsible for ensuring public safety and that its negligence in maintaining the wall led to the incident.
- legal act -
Delhi Municipal Corporation Act,1957, Negligence
Judgement:
The complainants were successful in their case as the Supreme Court of India found the MCD responsible for negligence. The Court made it clear that the MCD, being a public authority, had a responsibility to guarantee the safety of its buildings. The Court rejected the defense of sovereign immunity, stating that sovereign bodies are not immune for negligent actions causing harm to the public. It was determined that the tragedy was a direct result of the MCD's inadequate maintenance of the wall. This groundbreaking ruling confirmed that local government bodies in India can be responsible for their actions or lack thereof, strengthening the principle of public bodies being held accountable.
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