(1.) All the above writ petition shall stand decided by this common order being identical and arising out of common order.
(2.) The above-mentioned writ petitions are filed by the State of Rajasthan against the order dated 29.1.2011 passed by the Permanent Lok Adalat, District Legal Service Authority, Udaipur in Case No. 37/2008 P.L.A. Amrit Bai and Ors. v. State of Rajasthan & Ors. vide which the claim of the respondents holding the petitioner-State liable for compensation was allowed.
(3.) The facts in short as mentioned in the writ petition itself by the State of Rajasthan are that in District Udaipur, there is a dam known as Som-Kamla Amba Dam. This dam is under the supervision and control of the Irrigation Department of State of Rajasthan. In the middle of back waters of this dam, there is a temple of Sangameshwar Mahadev. On 12.06.2006, at around 12.00 PM, the petitioners boarded a boat belonging to Gautam Meena for the purpose of worshipping temple of Sangameshwar Mahadev. The boat contained passengers far in excess of its loading capacity. Further, the said boat was not having any fitness certificate from the transport department of the State of Rajasthan nor operation of boat in the above-mentioned area of Som-Kamla Amba Dam was authorised by the State Government. Hence, on account of excess load carried in the boat, water filled up in the boat and when it reached in the middle of river and as a result thereof, the boat sank. Due to sinking of boat as many as 7 persons died by drowning. The dependents of persons expired in the above-mentioned accident moved application under Section 22 of the Legal Services Authorities Act, 1987 (hereinafter referred to as the Act of 1987). Accordingly, cases were registered by the permanent Lok Adalat, District Legal Service Authority, Udaipur. Reply to the application was filed on behalf of the petitioner-State. Efforts were made for settlement of the matter by reconciliation. However, it did not yield any result. Therefore, the matter was taken up for adjudication by the permanent Lok Adalat while exercising its power under Section 22 A of the Legal Services Authorities Act, 1987. The permanent Lok Adalat vide its order dated 29.1.2011 allowed claim of the claimants and while holding the petitioners/defendants liable for compensation, passed an order granting compensation.