The victims of a tragedy have a right to just and fair compensation under Article 21 of the Constitution of India, and the State Government's negligence in disaster management warrants an increase in compensation to mitigate the hardships faced by the victims.

RAJIV SHARMA, J.

1. Since the common questions of law and facts are involved in both the above-titled petitions, the same are taken up together and are being adjudicated by this common judgment. However, in order to maintain the clarity, the facts of WPPIL No.05 of 2016 have been taken into consideration.

2. A question of great public importance has been raised in the present PILs filed pro bono publico, for enhancement of compensation paid to the victims of the gruesome tragedy which occurred in the month of June, 2013 in Kedar Valley. According to the petitioner, the amount of compensation for rehabilitation of aggrieved persons, is inadequate.

3. According to the pleadings, the State Government has framed rehabilitation policies, from time to time, for payment of compensation in the event of natural calamity. These policies have been placed on record.

4. According to the pleadings, the Government of India has sanctioned a sum of Rs.1,187.87 crores out of the National Disaster Response Fund in addition to the amount available in the State Disaster Response Fund. The sum of Rs.5.00 lakhs each has been disbursed to the next of kin of 972 persons of Uttarakhand. Out of the missing persons of other States, compensation worth Rs.77.28 crores has been disbursed by the respondent-State Governments against 2,208 missing persons. For 149 injured persons, ex-gratia relief of Rs.29.03 lakh has been disbursed to 148 persons. Owners of 16,016 houses, which were damaged or destroyed by disaster, have been disbursed an ex-gratia relief amount of Rs.72.89 crores. Against the total loss of 14,364 animals and poultries, all owners have been disbursed an ex-gratia relief amounting to Rs.8.55 crores. Ex-gratia relief of Rs.10.58 crores has been disbursed to 22,086 disaster affected families, who lost their clothes, utensils and other household goods. A sum of Rs.31.88 crores has been disbursed to all the land owners for the loss of crops/damage to agricultural land. A sum of Rs.174.63 crores has been disbursed to the disaster affected families.

5. Special provision for reimbursement of educational fees for the academic session 2012-13 has been made out of the Chief Minister’s Relief Fund for children who have lost either of their parents as well as the Policy for providing houses to the homeless families.

6. According to the Rehabilitation Scheme framed by the State Government, Rs.5.00 lakhs is paid to the next of kin of 972 persons, who have died in disaster by way of interim relief, a sum of Rs.2.00 lakhs to the persons, who have suffered disability of more than 80%, a sum of Rs.1.50 lakhs to the disabled persons ranging between 40% to 80% and a sum of Rs.30,000/- to the persons, who have received life threatening injuries. This Scheme was notified on 27.06.2013, which was modified from time to time.

7. A copy of policy document for reconstruction of housing and public buildings has also been placed on record. According to this policy, all pre-fabricated houses will be constructed by Government. All owner-driven constructed houses will be constructed by the beneficiaries. Beneficiaries are to be paid Rs.5.00 lakhs in four installments.

8. The land required for the purpose of construction of new houses and related infrastructure was to be provided by the State Government in lieu of the private land belonging to these persons. The new land was to be identified by the District Magistrate which, in turn, was to be handed over by the Government to the aggrieved/ affected families.

9. The Court has gone through all the schemes placed on record and is of the considered view that the amount of compensation, paid for the rehabilitation of the victims/affected families, due to the tragedy which took place in the year 2013 at Kedar Valley, is inadequate.

10. The Court takes judicial notice of the fact that new houses cannot be constructed with Rs.5.00 lakh. A sum of Rs.5.00 lakh, to be paid to the next kith and kin of persons who have died in the Valley