Shobha v. Union Of India & ORS.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1744/2025 SHOBHA .....Petitioner Through:

Mr. Dayan Krishnan, Sr. Adv., Mr.

Malak Bhatta, Mr. Nikunt Rawal, Ms.

Neeha Nagpal, Mr. Shreyansh Chopra and Mr. Sukrit, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Shrey Sharawat, SPC, Mr.

Anubhav Tyagi, GP and Ms. Ishita Misra, Advs. for R-1.

Mr. Dinesh Malik, Panel Counsel, Mr.

Puneet Jain and Ms. Chanda Tehlan, Advs. for R-2 and 3 (through v/c) Ms. Mansi, Ms. Arshi and Mr. Haider Ali, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 12.02.2025

O R D E R

CM APPL.8390/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 1744/2025 3.

The present petition has been filed by the petitioner seeking that the respondent no.1 be directed to process and disburse the additional compensation amount of Rs.1 Lakh under the Prime Minister's National Relief Fund (PMNRF) to the petitioner.

4.

Learned counsel for the respondent no.1 submits that the only impediment in releasing the amount is that the concerned District The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Magistrate-cum-Deputy Commissioner has not furnished the requisite report as requested to be furnished by communication dated 08.10.2024 and 28.01.2025, addressed by the Ministry of Home Affairs. 5.

Communication dated 08.10.2024 reads as under: "

MDC National Stadium, New Delhi-01 Dated:8th October, 2024 To The District Magistrate (East Delhi) District Magistrate Office, L.M. Bundh, Shashtri Nagar, Delhi-110031.

Subject:

Regarding additional compensation of Rs. One Lakh to the victim of acid attach under Prime Minister National Relief Fund (PMNRF) Sir/Madam, I am directed to enclose herewith an application dated 10.09.2024, received from Ms. Shobha, who suffered from acid attack on 26.08.2009, regarding financial assistance of Rs. One Lakh from Prime Minister Relief Fund.

2.

As per guidelines of MHA, the application of the acid attack victim should be forwarded by respective State/UT Govt. in the prescribed proforma (copy enclosed) along with the copy of FIR and Medical Report of the victim.

3.

Since the application of Ms. Shobha has not been routed out through authority of concerned State Govt., it is therefore, requested to verify the incident of acid attack and send the duly authenticated application in attached prescribed proforma, along with recent photographs, bank details, legible copy of Medical Report and FIR of acid attack victim Ms. Shobha, for processing the matter further. It is also requested to State Govt. to verify that the instant case of acid attack victim has not been sent earlier for compensation.

Encl. As above Yours faithfully, Sd/- (Saji P. Augustine) Under Secretary to the Govt. of India Tele No. 23075303"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Communication dated 28.01.2025 reads as under: "

Hall No.1, MDCNS, New Delhi Dated: 28th January, 2025 To The District Magistrate, East Delhi, LM Bundh, Shastri Nagar, East Delhi.

Subject: WP(C)/2025- Shobha Vs. State of Haryana & Others in the Delhi High Court regarding additional compensation of Rs. 1 lakh under Prime Minister National Relief Fund. Sir, I am directed to refer to this Ministry's letter No. 15011/53/2024-SC/ST-W dated 08.1.2024 (copy enclosed) forwarding therewith application dated 10.09.2024 of Ms. Shobha, an acid attack victim, and requesting to provide duly authenticated and verified application of Ms. Shobha in the prescribed proforma, along with copy of FIR and Medical Report, for additional compensation of Rs. 1 lakh under PMNRF. The requisite documents are still awaited from your side.

2. The petitioner has filed a court case WP(C)/2025 titled Shobha Vs UOI & Ors before the Hon'ble High Court of Delhi wherein SDM (East Delhi) and Govt. of NCT of Delhi have been arrayed as Respondent Nos. 2&3 and the case is likely to be listed on 29.01.2025. Copy of WP is enclosed for reference.

3. Reference is invited to guidelines dated 09.11.2016, issued by Ministry of Home Affairs, which state that the application of the acid attack victim should be forwarded by respective State/UT Govt. in the prescribed proforma (copy enclosed) along with the copy of FIR and Medical Report of the victim.

4. It is again requested to furnish the duly authenticated application of Ms. Shobha in the prescribed proforma (copy enclosed) along with legible FIR, Medical report at the earliest enabling us to process this matter further.

Encl. As above Yours faithfully, (Saji P. Augustine) Under Secretary to the Govt. of India Tele No. 2307 5303 E-mail Id:

sp.augustine@gov.in.

Copy for information to:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Shri Shrey Sharawat, Senior Panel Counsel, Delhi High Court at shrey.sharawat@gmail.com"

7.

In the circumstances, the respondent nos.2 and 3 are directed to forthwith conduct the requisite verification exercise and send the requisite report to the respondent no.1 along with original copies of FIR and the concerned medical report. Let the same be done within a period of six weeks from today.

8.

Upon receipt thereof, the respondent no.1 shall forthwith initiate the process for disbursal of the amount to which the petitioner is entitled and as sought in 'prayer-a' of the present petition. 9.

The present petition is disposed of in the above terms. SACHIN DATTA, J FEBRUARY 12, 2025/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.