Law:

Section:

(a) Damages-------Public authority---Inaction in performance of statutory duty---Action performed without authority of law---Liability for damages---Scope. Not proper to award damages against public authorities merely because there has been some inaction in the performance of their statutory duties or because the action taken by them is ultimately found to be without authority of law. In regard to performance of statutory functions and duties, the courts will not award damages unless there is malice or conscious abuse. Rabindra Nath Ghosal v. University of Calcutta and others (2002) 7 SCC 478; (AIR 2002 SC 3560; 2002 AIR SCW 4174); Geddis v. Proprietors of Bonn Reservoir (1878) 3 Appeal Cases 430; X (Minors) v. Bedfordshire County Council (1995) 3 All ER 353; R v. Dy. Governor of Parkhurst Prison (Ex. P. Hague) - [(1991) 3 All ER 733]; John Just v. Her Majesty The Queen (1989) 2 SCR 1228 (Canadian Supreme Court); Roger Holland v. Government of Saskatchewan and others (2008) 2 SCR 551 (Canadian Supreme Court); East Suffolk Rivers Catchment Board v. Kent, 1941 AC 74 and Murphy Brentwood District Council [1990 (2) All ER 908] ref. (b) Damages--- ----Public authority---Negligence in performance of statutory duty---Breach of fundamental rights---Enforcement of constitutional rights by courts---Liability of public authority for such negligence---Compensation---Scope. Award of compensation by way of public law remedy need not only be a nominal palliative amount. Compensation can be by way of making monetary amounts for the wrong done or by way of exemplary damages, exclusive of any amount recoverable in a civil action based on tortuous liability. Nilabati Behera alias Lalita Behera v. State of Orissa [1993 (2) SCC 746; (AIR 1993 SC 1960; 1993 AIR SCW 2366)] and Sube Singh v. State of Haryana [2006 (3) SCC 178; (AIR 2006 SC 1177; 2006 AIR SCW 779)] ref. (c) Damages--- ----Public authority---Negligence in performance of statutory duty resulting in death/injury---Enforcement of constitutional right by courts---Group action by victims---Compensation, amount of---Calculation of compensation on basis of income of victims---Scope. While awarding compensation to a large group…

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