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2004 Supreme(Del) 984
High Court Of Delhi
B.L.WALI - Appellant
Versus
UNION OF INDIA - Respondent
W.P.(C.) 668 of 1997
Decided On : 10/29/2004
B.L.Wali, Kailash Gambhir, R.K.TIWARI
The central legal point established in the judgment is the duty of the State and Central Governments to provide relief and rehabilitation to citizens affected by displacement and loss of property due to militancy, emphasizing fundamental rights and equality before law.
Headnote:
ex-gratia relief - displacement from Kashmir - Ranbir Penal Code, TADA - 2235-Social security and Welfare-II-Other Relief Measures - Article 21, 14, 15 - Prime Minister Relief Fund - Fundamental Right of Protection of Life and Personal liberty - equality before law and equal protection of loss - compensation under article 226 - ex-gratia payments - succour to the displaced persons - grant of interest - writ of mandamus
Fact of the Case:
The petitioners were displaced from Kashmir due to militancy-related activities, resulting in the destruction of their residential houses. They sought ex-gratia relief from the State and Central Governments, alleging discrimination and delay in relief disbursement. The State and Central Governments contested the responsibility for relief and rehabilitation.
Finding of the Court:
The Court found that the petitioners were entitled to ex-gratia relief as victims of displacement and loss of property due to militancy. It held that the State and Central Governments were responsible for providing relief and rehabilitation to citizens affected by such circumstances. The Court also directed the State to make prompt payments and granted interest on the delayed amounts.
Issues: The issues involved discrimination in relief disbursement, responsibility for providing ex-gratia relief, and the entitlement of the petitioners to compensation for their losses.
Ratio Decidendi: The Court held that the State and Central Governments have a duty to provide relief and rehabilitation to citizens affected by displacement and loss of property due to militancy. It emphasized the fundamental right of protection of life and personal liberty, equality before law, and equal protection of loss under the Constitution.
Final Decision: The Court allowed the writ petition, directing the State to make prompt ex-gratia payments to the petitioners and granted interest on the delayed amounts. It also held the State and Central Governments liable for providing relief and rehabilitation to citizens affected by such circumstances.
( 1 ) )THE disturbed conditions in Kashmir resulted in mass migration starting from the year 1989. Residents of the valley had to leave their home and hearth for the sake of safety and move to unfamiliar surroundings and adverse conditions without any monetary support. For them, it was a paradise lost.
( 2 ) THE present petition sets forth the tale of one such family which has borne the brunt of displacement from kashmir. Their sufferings have been aggravated by the unsympathetic and unresponsive attitude of the respondents.
( 3 ) THE residents, who moved out, hardly got any time and carried their bare belongings. Their homes were left at the mercy of the administration to at least protect them till an environment was created for their return. A large number of houses got burnt apart from the loss of life over a period of time. The petitioners also suffered a loss of their homes, which were set on fire. There homes were turned into ashes.
( 4 ) THE petitioners were residents of Verinag from where the river Jhelum originates. It was a complete transformation from the pictures surroundings to the life as migrants at Delhi, Jammu, Ramban and Nagrota. The economic exigencies also split up the joint family which used to reside in Verinag.
( 5 ) ON the fateful day of 25. 11. 1992, three residential houses of the petitioners were destroyed in fire. This tragic news reached the petitioners through newspapers and radio. The militancy in the Valley, thus, took its toll of the petitioners. An F. I. R. bearing No. 76/1992 was registered under Section 436 of the Ranbir Penal Code and Section 3 of the TADA. The Deputy Inspector General of Police, Jammu confirmed to the petitioners that a report had been received from the Superintendent Police, anantnag, Kashmir that the residential houses of the petitioners were gutted and the Joint Director, Fire services (Jammu) issued a certificate on 09. 05. 1993 certifying that on 25. 11. 1992, the residential houses of the petitioners had been gutted. A translated copy of the F. I. R. has been placed on record certifying that all the houses have been reduced to earth on account of their being set of fire by the unidentified militants.
( 6 ) THE sufferings of the petitioners did not rest at this since the fourth house of petitioner No. 4 was also gutted on 08. 12. 1992. This was stated to be the consequence of mob furry after the demolition of Babri masjid. In respect of the same, F. I. R. No. 85 of 2002 was registered.
( 7 ) THE petitioners visited the office of the State government on numerous occasions between April, 1993 to december, 1995 for grant of ex-gratia payment on account of burning of their houses. This was stated to be in pursuance to a policy of the State Government. This policy was not placed on record by the respondents for almost seven years in the present proceedings despite repeated directions. It is only on 09. 09. 2004 that in pursuance to directions of this Court, an affidavit was filed by the Resident Commissioner for the State of Jammu and Kashmir enclosing a copy of the policy dated 10. 07. 1990 issued vide Order No. 723-GR (GAL) of 1990. This Order issued by the Government of Jammu and Kashmir provided for ex-gratia payment for loss of life and property. Such payment was provided for loss of life of Magistrates and police personnel, personnel of para military forces, government employees, persons other than Government employees and for damage to immovable property. This office order begins as follows:
"notwithstanding anything contained in any order or rule or regulation on the subject, following ex-gratia relief shall be payable in respect of the persons killed or permanent/partially disabled directly as a result of violence attributable to the breach of law and order or any other form of Civil commotion. . . . . . . . . . "
( 8 ) THE aforesaid makes it clear that the payment set out in this office order had to be made as ex-gratia relief notwithstanding
