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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI
Pratap Singh – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. petitioner seeks compensation for damages. (Para 1 , 2) |
| 2. dispute over the authenticity of damage reports. (Para 3 , 4 , 5) |
| 3. court recognizes findings of district magistrate. (Para 6 , 7) |
| 4. writ petition dismissed. (Para 8) |
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. By means of this writ petition, petitioner has sought the following substantive reliefs:-
“I. Issue a writ order or direction in the nature of Certiorari quashing the impugned order dated 22.3.2017 (Annexure-12) issued by District Magistrate.
II. Issue a writ order or direction in the nature of Mandamus directing the respondents to grant suitable compensation to the petitioner as per the relevant government orders, in lieu of loss/damaged caused to the petitioner in natural calamity occurred in June 2013.”
2. According to the petitioner, his residential house, cowshed and also agricultural land was severely damaged due to landslide, which struck his village on 27.06.2013. Petitioner applied for compensation as per the applicable Policy. To substantiate his claim for compensation, petitioner relied upon a report submitted by Revenue Inspector, which is enclosed as Annexure 4 to the writ petition, in which it is m
Judicial review of administrative decisions requires deference to established factual findings unless clearly erroneous or unsupported by evidence.
The court's decision emphasized the importance of assessing actual damages and providing appropriate compensation, allowing for further legal recourse if aggrieved.
Compensation claims by cyclone victims require adherence to procedural fairness and accurate inquiry assessments to validate the withdrawal of disbursed funds.
The Claims Commission lacks authority to modify compensation rolls approved by the Supreme Court, particularly for structures built after the cut-off date, unless supported by authenticated evidence ....
The relief sought in the writ petition cannot be granted as the petitioner's land had been acquired and rehabilitated before the construction of the dam.
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