Gaurav Kumar Bansal vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1318

M. R. SHAH, SANJIV KHANNA
Gaurav Kumar Bansal – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Petitioner-in-person, Advocate, Mr. Pranjal Kishore, Advocate, Mr. Aditya Jain-1, Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. K.M.Nataraj, ASG, Ms. Aishwarya Bhati, ASG, Mr. Rajat Nair, Advocate, Mr. Amit Sharma, Advocate, Mr. Sughosh Subramanyam, Advocate, Mr. Arvind Kr. Sharma, Advocate, Mr. G.S. Makker, Advocate, Mr. B. V. Balaram Das, Advocate, Ms. Manisha Lavkumar, Sr. Advocate, Ms. Deepanwita Priyanka, Advocate, Mr. R. Basant, Sr. Advocate, Mr. Mahfooz Ahsan Nazki, Advocate, Mr. Polanki Gowtham, Advocate, Mr. Shaik Mohamad Haneef, Advocate, Mr. T. Vijaya Bhaskar Reddy, Advocate, Mr. K.V. Girish Chowdary, Advocate, Ms. Rajeswari Mukherjee, Advocate, Ms. Diksha Rai, Advocate, Mr. Ankit Agarwal, Advocate, Ms. Ragini Pandey Advocate, Mr. Arun R. Pednekar, Advocate, Ms. Mukti Chowdhary, Advocate, Mr. Anil Grover, Sr. AAG, Dr. Monika Gusain, Advocate, Mr. Darpan KM., Advocate, Ms. Amrita Sharma, Advocate, Mr. Rajat Jonathan Shaw, Advocate, Mr. D.K. Devesh, Advocate, Mr. G.M. Kawoosa, Advocate, Ms. Taruna Ardhendumauli Prasad, Advocate, Mr. Saurabh Mishra AAG, Mr. Sunny Choudhary, Advocate, Mr. Nachiketa Joshi, Advocate, Mr. Sandeep Sharma, Advocate, Mr. Rahul Chitnis, Adv Mr. Sachin Patil, Advocate, Mr. Aaditya A. Pande, Advocate, Mr. Geo Joseph, Advocate, Ms. Shwetal Shepal, Advocate, Mr. Siddhesh Kotwal, Adv Ms. Ana Upadhyay, Adv Ms. Manya Hasija, Adv Ms. Pragya Barsaiyan, Adv Mr. Akash Singh, Adv Mr. Nirnimish Dube, Advocate, Mr. Joby P. Varghese, Advocate, Ms. Ranjeeta Rohatgi, Advocate, Dr. Manish Singhvi, Sr. Advocate, Mr. Arpit Parkash, Advocate, Mr. Sandeep Kumar Jha, Advocate, Mr. Ardhendumauli Kumar Prasad, AAG, Mr. Tanmaya Agarwal, Advocate, Mr. Wrick Chatterjee, Advocate, Mr. Rahul Verma, AAG, Mr. Vishwa Pal Singh, Advocate, Mr. Vikas Negi, Advocate, Mr. Rajendra Prasad, Advocate, Ms. Pallavi, Advocate, Mr. Dinesh Kumar Mudgal, Advocate, Mr. Arihant Mehta, Advocate, Mr. Vikas Gothwal, Advocate, Mr. Sanjiv Saraf, Advocate, Mr. Praphul Kumar Vohra, Advocate, Mr. Suhaan Mukerji, Advocate, Mr. Raghent Basant, Advocate, Mr. Vishal Prasad, Advocate, Mr. Nikhil Parikshith, Advocate, Mr. Abhishek Manchanda, Advocate, Mr. Sayandeep Paharii, Advocate, for M/s. PLR Chambers And Co., Advocate, Mr. Shubham Bhalla, Advocate, Mr. Yajur Bhalla, Advocate, Mr. Ashish Vajpayee, Advocate, Mr. Deepak Samota, Advocate, Mr. Sumeir Ahuja, Advocate, Mr. Aravindh S., Advocate, Ms. C. Rubavathi, Advocate, Mr. Sumeer Sodhi, Advocate, Mr. S. Udaya Kumar Sagar, Advocate, Ms. Sweena Nair, Advocate, Mr. P. Mohith Rao, Advocate, Mr. Krishan Raj Thaker, AAG, Ms. Pragya Baghel, Advocate, Mr. Abhishek Roy, Advocate, Ms. Tulika Mukherjee, Advocate, Ms. Aastha Shrestha, Advocate, Mr. Avijit Mani Tripathi, Advocate, Mr. T.K. Nayak, Advocate, Mr. K.V. Kharlyngdoh, Advocate, Mr. P. S. Negi, Advocate, Mr. Amit Anand Tiwari, AAG, Mr. D. Kumanan, Advocate, Mr. Chirag M. Shroff, Advocate, Mr. Amandeep Mehta, Advocate, Mr. Vivek Kohli, Advocate, Gen. Mr. Sameer Abhyankar, Advocate, Ms. Yeshi Rinchhen, Advocate, Mr. Abhinav Mishra, Advocate, Ms. Nishi Sangatani, Advocate, Mr. Abhinav Mukerji, Advocate, Mrs. Bihu Sharma, Advocate, Ms. Pratishta Vij, Advocate, Mr. Akshay Shrivastava, Advocate, Mr. Nishe Rajan Shonker, Advocate, Ms. Anu K. Joy, Advocate, Mr. Alim Anvar, Advocate, Mr. Abhimanyu Tewari, Advocate, Ms. Eliza Bar, Advocate, Mr. Pukhrambam Ramesh Kumar, Advocate, Ms. Anupama Ngangom, Advocate, Mr. Karun Sharma, Advocate, Mr. V.N. Raghupathy, Advocate, Mr. Md. Apzal Ansari, Advocate, Mrs. K. Enatoli Sema, Advocate, Mr. Amit Kumar Singh, Advocate, Ms. Chubalemla Chang, Advocate, For the Respondent.

ORDER

1. State of Bihar:

We have gone through the affidavit filed by the State of Bihar.

Let the Chief Secretary remain present virtually at 2'0 Clock today.

2. State of Andhra Pradesh:

It is very unfortunate that, despite the earlier directions to pay the compensation to the kin/family member of the person who died due to Covid-19, and time and again directions are issued, there is a total callousness and negligence on the part of the State of Andhra Pradesh in not making the payment timely.

Even according to the State of Andhra Pradesh, as against 14,471 deaths recorded, after the earlier order passed by this Court, approximately 36,205 claims forms are received. It is unfortunate that, even according to the counsel, approximately 31,000 applications are found to be in order, only 11,464 claimants are made the payment. It appears that the State is not at all serious on compliance of the orders passed by this Court and the directions issued from time to time.

There is no justification shown whatsoever by the counsel not to make the payment to the claimants whose applications are already received and found to be in order. Not making the payment of compensation to the eligible claimants wo

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