State Of NCT Of Delhi v. Maya Kaur & ORS.

$~7 to 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI (7) LPA 377/2024 & CM APPL. 27953/2024 PREETI & ORS.

Ms. Neha Rastogi- SPC with Mr.

Ashutosh Pathak, Advocate Respondent No.2/UoI.

Mr. Abhinav Sharma & Mr. Mahender Shukla, Advocates for MCD.

(8) LPA 215/2025, CM APPL. 17193/2025, CM APPL. 17194/2025, CM APPL. 17195/2025, CM APPL. 43351/2025 & CM APPL. 43352/2025 SMT ANITA & ORS.

Dr. Divya Swamy, Standing Counsel along with Mr. Yagyawalkya Singh, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Ms. Akriti Singh & Ms. Nidhi Kumar, Advocates for Respondent No.5/MCD (through VC).

(9) LPA 216/2025, CM APPL. 17196/2025, CM APPL. 17197/2025 & CM APPL. 17198/2025 MAYA KAUR & ORS.

Raghuinder Verma, Advocate (Standing Counsel) with Mr. Ravi Krishan Chandna, Advocate (Assistant SC) for NDMC.

Dr. Divya Swamy, Standing Counsel along with Mr. Yagyawalkya Singh, Ms. Akriti Singh & Ms. Nidhi Kumar, Advocates for Respondent No.5/MCD (through VC).

Ms.

Nidhi BangaSenior Panel Counsel with Sandeep Choudhary, Advocate for Respondent No.6/UoI.

(10) LPA 233/2025, CM APPL. 19043/2025, CM APPL. 19044/2025 & CM APPL. 19045/2025 REKHA & ORS.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mr. Tushar Sannu & Mr. Parvin Bansal, Advocates for DJB.

Mr. Raj Kumar, Advocate (Additional SC) along with Mr. Ravi Krishan Chandna, Advocate (Assistant SC), Ms. Vandana Sachdeva, Mr. Sumit Choudhary and Mr. Ankit Choudhary, Advocates for NDMC.

AND (11) LPA 491/2025, CM APPL. 46711/2025, CM APPL. 46712/2025 & CM APPL. 46713/2025 SMT GEETA AND ORS Ms. Pratima N Lakra- CGSC along with Mr. Shailendra Kumar Mishra, Advocate for Respondent No.4.

Ms. Tajinder Virdi, Standing Counsel for RespondentNo.7/MCD (through VC).

Mr. Tushar Sannu & Mr. Parvin Bansal, Advocates for DJB.

Mr. Ravi Krishan Chandna, Advocate (Assistant SC) for NDMC.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

O R D E R

% 24.02.2026 1.

These Letters Patent Appeals ("LPAs") have been filed by the State of NCT of Delhi challenging the orders passed by the learned Single Judge whereby the Appellant was directed to pay the compensation to the family members of deceased sanitation workers, to the tune of ₹30,00,000/-. 2.

The basis of the said direction issued by the learned Single Judge in all these matters was a judgement of the Hon'ble Supreme Court rendered on 20.10.2023 in the case of Dr. Balram Singh v. Union of India & Ors., (2023) SCC OnLine SC 1386. The Hon'ble Supreme Court while considering the issue regarding quantum of compensation to be paid to the family members of the deceased sanitation workers has passed a detailed order on 20.01.2026 in W.P.(C) 324/2020 and other connected matters. 3.

In the said matter, considering I.A. 68327/2025 in W.P. (C) 324/2020 which was moved by the National Legal Services Authority, the Hon'ble Supreme Court issued certain clarifications which are contained in Paragraph No. 4 of the said order dated 20.01.2026. The said clarification issued by the Hon'ble Supreme Court is extracted herein below: "4.

In light of aforesaid clarifications sought, we hereby clarify as under:

(i) It is made clear that insofar as the compensation ordered. determined and paid namely, Rupees Ten Lakhs to the legal representatives of the victim as on date of judgment viz 20.10.2023, such cases or claims would not be reopened.

(ii) In case, the sewer death having taken place even prior to this Court order dated 20.10.2023 if compensation has not been paid or determined as on the date of the judgment, i.e., 20.10.2023, the concerned States or municipal authorities would be required to pay a sum of Rupees Thirty Lakhs to such of those claimants. (iii) In the event of compensation having not been determined or paid The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in respect of deaths having occurred prior to our judgment dated 20.10.2023, the concerned would be liable and required to pay compensation of Rupees Thirty Lakhs to such of the claimants.

5. Accordingly, the application stands disposed of by way of aforesaid clarifications."

4.

A perusal of Paragraph No. 4 of the order passed by the Hon'ble Supreme Court as extracted above reveals that the Hon'ble Supreme Court has ordered that in so far as the compensation determined and paid to the tune of ₹10,00,000/- to the Legal Representatives of the victim as on the date of judgment, i.e., on 20.10.2023, such cases of claims should not be reopened. The Hon'ble Supreme Court has also clarified that in case death has taken place even prior to the order dated 20.10.2023, if compensation has not been paid or determined as on the date of judgement, i.e., 20.10.2023, the concerned States or Municipal Authorities would be required to pay a sum of ₹30, 00,000/- to such of those claimants.

5.

It is not in dispute that in all these matters, the compensation was paid prior to the date of order dated 20.10.2023 passed by the Hon'ble Supreme Court in Dr. Balram Singh (supra) and, accordingly, the matters where amount of compensation over and above ₹10,00,000/- has been paid prior to 20.10.2023, cannot be re-opened.

6.

All the Appeals, thus, stand disposed of in terms of the order dated 20.01.2026 passed by the Hon'ble Supreme Court in W.P. (C) 324/2020. 7.

We have been informed that in LPA 215/2025, LPA 216/2025, LPA 233/2025 and LPA 491/2025, over and above ₹10,00,000/-, a sum of ₹7,00,000/- were also paid in the proceedings drawn for contempt. 8.

In LPA 377/2024, a sum of ₹7,00,000/- in addition to ₹10,00,000/- has been paid in terms of the order passed by this Court in the said LPA. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Having regard to the facts and circumstances of the case where the death of sanitation workers had occurred in the course of discharge of their duty as scavengers, requiring the family members of these employees to return the amount which has been paid to them over and above ₹10,00,000/- will be absolutely iniquitous.

10.

Accordingly, we are of the opinion that in these cases, any amount paid to the family members of the deceased sanitation workers over and above ₹10,00,000/- will not be required to be returned to the Appellant. 11.

The Appeals stand disposed of in the aforesaid terms. Pending Applications also stand disposed of.

DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J FEBRUARY 24, 2026/ 'A'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.