AHMEDABAD: The Gujarat High Court has asked Ahmedabad Municipal Corporation (AMC) to pay Rs 50,000 towards compensation to the family of nine-year-old Shahnawaz Pathan who had died after falling into an open sewage treatment plant in Juhapura in August last year. The boy's body was recovered by fire brigade personnel after a week-long search.

After the boy's death, his father, Faizmohammed Pathan, lodged a complaint against the chief fire brigade officer MF Dastoor and additional executive engineer MK Shah accusing them of criminal negligence. Police booked the officers under Section 304A of the IPC.

Both the officers approached the high court to get the FIR quashed. During the hearing, it was argued that civil liability can be fixed on the civic body, but it would be difficult to attack criminal liability to these two office bearers for the unfortunate death.

However, at the end of the proceedings in the high court, FIR lodged against Shah and Dastoor has been quashed.

After the hearing, Pathan took a stand that he was not interested much in prosecuting the officers. He told the court that if strict criminal liability cannot be fixed, the officers and AMC cannot escape the liability to pay compensation to the family.

On this request, Justice Akil Kureshi observed that compensation cannot be assessed in this criminal writ petition and the family should apply to other proper forum for full-fledged compensation. However, looking at the manner in which the incident had taken place and considering the fact that the sewage treatment plant is being maintained by the state authority, AMC should be asked to pay some ex-gratia. And the corporation was directed to pay Rs 50,000 to the family.