Magisterial inquiry under way in Lapalang reservoir poisoning case

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Administration explores relief for victims’ families under Employees’ Compensation Act

SHILLONG, July 15: A magisterial inquiry has been ordered into the Lapalang tragedy that claimed five lives on Friday evening, while the district administration has directed the Deputy Labour Commissioner to conduct a separate probe to facilitate compensation for the victims’ families under the Employees’ Compensation Act, 1923.
East Khasi Hills Deputy Commissioner Abhilash Baranwal said the magisterial inquiry, constituted on Monday, will determine the circumstances leading to the incident, ascertain if any legal violations occurred, and recommend steps to prevent similar accidents.
Clarifying the legal position on underground water reservoirs, Baranwal said no permission is required to construct or maintain a dugout well. However, permission becomes mandatory if a pump is used to draw water from it.
“In the Lapalang case, the owner does not require permission for the dugout well itself,” he said.
The inquiry will specifically examine whether a water pump was used to supply water from the reservoir to rented apartments and, if so, whether the required permission had been obtained. Using a pump without permission would amount to violation of the law, the DC added.
The magistrate is expected to submit the inquiry report to the competent authority. However, Baranwal clarified that the report cannot be finalised until the post-mortem reports of all five victims are received. “Without the post-mortem reports, the magisterial inquiry will remain incomplete. Post mortem report is awaited,” he said.
On compensation, the administration is exploring relief under the Employees’ Compensation Act, 1923, for those engaged as workers. The Deputy Labour Commissioner has been asked to assist the victims’ families in claiming their entitlements. If the Act does not apply, the administration will explore relief under the Fatal Accidents Act, 1855, through the court, Baranwal said.
The victims have been identified as Pynskhemlang Mawthoh (22) and Rapborlang Nongspung (35), both from Thangsning, Smit; Elka Shadap (25) of Umiew Maw-u-Sam, Smit; and brothers Sunil Thakuri (34) and Umesh Thakuri (30) of Nongrah Dongktieh, Block-5, Shillong.
The tragedy occurred at Dongmadan Lane-4, Lapalang, when five persons died while cleaning an approximately 33-foot-deep underground water reservoir. According to Sub-Divisional Officer of the Water Resources Department, Larrypor Roy Nongbri, the victims died of carbon monoxide poisoning after inhaling toxic fumes from a diesel pump used to drain water from the reservoir.
Four workers had entered the reservoir for cleaning work when they were overcome by the fumes. One managed to climb out and raise the alarm, but the remaining three were trapped inside. Brothers Sunil and Umesh Thakuri, who rushed in to rescue them, also succumbed to the poisonous gas, taking the death toll to five.
Meanwhile, BJP MLA A.L. Hek has written to Chief Minister Conrad K. Sangma, urging the government to recognise the sacrifice of Sunil and Umesh Thakuri as an extraordinary example of courage and humanity.
He said that apart from ex gratia, the families of the two youths should also be suitably awarded to inspire others to show similar humanity. Hek added that if anyone had done something wrong in the incident, they should be held accountable.

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