The compensation provided by the State is not governed by personal laws but by the secular laws of the State. It should be awarded equitably to the next of kin, irrespective of personal laws.

ORDER :- This writ petition raises the interesting question as to whether compensation granted by the State for the 1984 Riot victims should be given to persons in accordance with their entitlement to inherit property from the deceased persons as per the Hindu Succession Act, 1956 or that the State is not governed by the personal aws and is required to award compensation equitably to the next of kin?

2. The petitioner (Smt. Ganny Kaur) was married to late Ladha Singh. They had a daughter (Ishwari Kaur) who was married to one Laxman Singh. Laxman Singh is the son of Kishan Singh (Respondent No.3) herein. Ishwar Kaur and Laxman Singh had two children, Sajan Singh and Laxmi. In the unfortunate events which took place in 1984 and which go under the name "The 1984 Riots", Ishwari Kaur, Laxman Singh and their two children were burnt to death by the rioters. The entire family of four perished at the hands of the murdering marauders. At that point of time, Sajan Singh was four years old and Laxmi was two years old.

3. After the 1984 Riots, the Government of NCT of Delhi (Respondent No.1) sanctioned an ex gratia payment of Rs. 10,000/- to the surviving family members of each riot victim. This amount was subsequently enhanced to Rs. 20,000/-. It is stated by the petitioner that she had been living in a distant village. Therefore, all the compensation amount was claimed by Kishan Singh (Respondent No.3) and the same was paid to him. After Bhajan Kaur's case, this Court had directed the Government to pay a sum of Rs. 3.5 lakhs to the family members of the victims of the 1984 Riots. On the basis of the said judgment, a further compensation was to be awarded. The petitioner filed the claim with the respondent No.2, but as the respondent No.2 was not inclined to pay compensation to the petitioner with respect to the death of her daughter and two grand children. The petitioner, finding no alternative, filed a writ petition before this Court being CW 3123/1998. By virtue of an order dated 24-8-1998, a learned single Judge of this Court directed that in case compensation had not been handed over to the respondent No.3 (Kishan Singh), a sum of Rs. 3.3 lakhs shall not be disbursed to him. However, after the passing of the said order, the respondent No.3 approached the petitioner for settlement and the matter was compromised. As a consequence thereof, the writ petition being CW 3123/1998 was withdrawn on 22-7-1999.

4. On 16-1-2006, the Government of India through the Ministry of Home Affairs informed, inter alia, the Chief Secretary, Government of NCT of Delhi that in pursuance of the assurances given by the Prime Minister and the Home Minister during discussion on the Report of Justice Nanawati Commission of Inquiry into the 1984 Riots in the Lok Sabha and the Rajya Sabha, the matter had been considered by the Government and it had been decided to sanction, inter alia, the payment of an ex gratia amount of Rs. 3.5 lakh in each case of death during the riots. The said ex-gratia amounts were to be in addition to the amounts already paid by the respective State Governments. The entire expenditure was to be borne by the Central Government, though routed through the State Government. The said communication dated 16-1-2006 also stipulated that :-

"(iv) No new claims for grant of ex-gratia for death or injury would be entertained. Only those who received ex gratia earlier should be eligible for the enhanced additional ex-gratia amount. However, if there are any pending or disputed cases which are awaiting decision for want of the necessary proof/evidence, such cases can be considered if they are finally accepted as genuine claims."

5. It was contended on behalf of the petitioner that applications had been invited from the family members of the riot victims for the grant of additional ex gratia relief. The additional relief that is to be given in respect of the deaths of Ishwari Kaur, Laxman Singh, Sajan Singh and Laxmi admittedly comes to Rs. 14 lak