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2021 Supreme(SC) 267

SUPREME COURT OF INDIA
ASHOK BHUSHAN, M.R. SHAH, JJ.
GAURAV KUMAR BANSAL – APPELLANT
VERSUS
UNION OF INDIA & ORS - RESPONDENT
WRIT PETITION(S)(CIVIL) NO(S).539 OF 2021 WITH W.P.(C) NO.554 OF 2021 (PIL-W)
(FOR ADMISSION)
Decided on : 24-05-2021

Advocates:
Advocate Appeared:
For the Appellant : Mr. S.B. Upadhyay, Sr. Adv., Mr. Reepak Kansal, Adv., Mr. Yadunandan Bansal, Adv., Mr. Nishant Kumar, Adv., Mr. Prince Arora, Adv., Ms. Shahnaz Rahman, Adv., Mr. Harisha S.R., AOR
For the Respondent: Ms. Aishwarya Bhati, Mr. Rajat Nair, Mr. Amit Sharma, Mr. B.V. Balram Das, Mr. Chirag M. Shroff, AOR

IMPORTANT POINT
Corona Pandemic – Claim for payment of notified ex-gratia monetary compensation of Rs.4,00,000/- (Rupees four lakhs) to families of deceased who succumbed to COVID-19, will be considered.

Headnote:

Disaster Management Act, 2005 – Section 12(iii) – Corona Pandemic – Public Interest Petitions seeking direction to respondent(s) to provide notified ex-gratia monetary compensation of Rs.4,00,000/- (Rupees four lakhs only) to families of deceased who succumbed to COVID-19 – It is submitted that petitioner that under revised list of items and norms of assistance from State disaster response fund which is part of letter dated 08.04.2015, Rs.4,00,000/- as ex-gratia compensation is required to be made – It is contended that there is no uniform policy for issuing certificate or any official document regarding causes of death to the deceased families due to which there is a difficulty on availing various benefits – ASG appearing for Union of India seeks time to obtain instructions and bring all relevant materials regarding scheme under Section 12(iii) of Disaster Management Act, 2005 as well as letter dated 08.04.2015 – Policies or guidelines regarding issuance of death certificate with regard to patients who were infected with COVID-19, may also be brought on record including guidelines issued by ICMR – 10 days time granted to ASG to file counter affidavit. (Paras 2 and 3)

Result : Matter Listed for next hearing.

ORDER :

1. These two writ petitions have been filed in public interest seeking a direction to respondent(s) to provide notified ex-gratia monitory compensation of Rs.4,00,000/-(Rupees four lakh only) to the families of deceased who succumbed to COVID-19. It is submitted by learned counsel for the petitioner that under the revised list of items and norms of assistance from State disaster response fund which is part of the letter dated 08.04.2015, Rs.4,00,000/-as ex- gratia compensation is required to be made. It is contended that there is no uniform policy for issuing the certificate or any official document regarding causes of death to the deceased families due to which there is a difficulty on availing various benefits.

2. Ms. Aishwarya Bhati, learned ASG appearing for the Union of India seeks time to obtain instructions and bring all relevant materials regarding the scheme under Section 12(iii) of the Disaster Management Act, 2005 as well as the letter dated 08.04.2015. The policies or guidelines regarding issuance of death certificate with regard to patients, who were infected with COVID 19, may also be brought on the record including the guidelines issued by the ICMR.

3. As prayed, 10 days time is granted to learned ASG to file counter affidavit. Learned counsel for the petitioner is granted three days time to file rejoinder affidavit, if any.

4. List on 11.06.2021.

5. Learned counsel for the petitioner may serve copy of the writ petitions to the office of learned Solicitor General. Name of Mr. B.V. Balram Das, Advocate-on-Record be shown in the cause list on the next date of hearing.

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