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1996 Supreme(SC) 894

A. M. AHMADI, B. N. KIRPAL, S. P. BHARUCHA
Krishna Mohan Shukla – Appellant
Versus
Union Of India – Respondent


(1) BY virtue of Section 9 of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 (hereinafter called "the Act") a scheme came to be framed called "The Bhopal Gas Leak Disaster (Registration and Processing of Claims) Scheme, 1985", (hereinafter called "the Scheme"). As per the Scheme, certain Deputy Commissioners came to be appointed under Section 6 of the Act for registration of claims arising within the area of their respective jurisdictions. Para 4(1) of the Scheme provides that an application for claim shall be made to the Deputy Commissioner concerned in the appropriate form within a period of sixty days from the date notified by the Commissioner inviting applications for claims. We were told by the learned Additional Solicitor General that no date has been notified by the Commissioner under this provision. Para 4-A(1) provides that notwithstanding anything contained in para 4, all applications received for claims, whether before or after the commencement of the Scheme, shall stand transferred along with the relevant records to the Office of the Deputy Commissioner concerned and as if such application has been made under para 4. The Deputy Commissioner is the




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