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SCA/9335/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9335 of 2010
=========================================================
SAIYED
MAHEBUBBHAI KALUBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
IMTIYAJ M KURESHI for
Petitioner(s) : 1,MR AFTABHUSEN ANSARI for Petitioner(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 1,
NOTICE SERVED for
Respondent(s) : 1 - 4.
NOTICE NOT RECD BACK for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 24/12/2010
ORAL ORDER
Petitioner
is a riot victim of 2002 post-Godhra riots. He is entitled to the
relief under the scheme funded by the Central Government but routed
through the State Government. The petitioner was previously paid
Rs.25,000/- on 8.5.2002. It is not in dispute that his house and
household belongings received extensive damage for which compliant
was also lodged. The State also does not dispute that he is covered
under the riot victim relief scheme. By subsequent communication
dated 20th April 2007, Union of India conveyed to the
State Government that as per the fresh package, relief to the riot
victims should be worked out as follows :
“The
details of the package are as under:
In
case of death, involving 1169 cases, an ex-gratia assistance of
Rs.3.5 lakhs would be paid in addition to the assistance already
given by the State Government.
In
case of injury, involving 2548 cases, an ex-gratia assistance of
Rs.1.25 lakhs would be paid minus the assistance given by the State
Government.
For
damage of residential property and uninsured commercial/industrial
property, an ex-gratia of 10 times the amount given by State
Government less amount already paid.”
Since
the petitioner’s case falls under clause (iii) noted above, he is
entitled to receive compensation 10 times the previously paid
compensation of Rs.25,000/-. He is, therefore, entitled to receive
total compensation of Rs.2,50,000/-. Admittedly, only Rs.25,000/-
was paid.
The
case of the State Government is that funds received from the Central
Government have already been disbursed. It does not have any further
fund left. Communication has also been made on 9th September 2010
to the Central Government to make available further funds since
number of such cases are left out. It is not clear why the
petitioner was left out in the previous exercise of disbursing the
compensation at the revised rate. There is no dispute that the
petitioner is entitled to further compensation. There is also no
dispute that his house and household belongings received extensive
damage during post-Godhra riots. The petitioner suffered such
damages way back in the year 2002. More than 8 years have passed.
Under
the circumstances, the State Government is directed to release
ad-hoc further compensation of Rs.1 lac (one lac only) to the
petitioner without waiting for the funds being made available from
the Central Government and on the fund being made available from
the Central Government, it would be open for the State Government to
adjust the same and also pay the remaining compensation to the
petitioner. Ad-hoc payment shall be released within eight weeks
from today. The petition is disposed of accordingly.
(Akil
Kureshi, J.)
(vjn)
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