High Court of DelhiW.P.(C)/2272/2021

Afshana & ANR. v. Government Of NCT Of Delhi & ORS.

2024-07-19Hon'Ble Mr. Justice Sanjeev Narula4 pages

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2272/2021 AFSHANA & ANR.

.....Petitioners Through:

Ms. Kawalpreet Kaur, Mr. Nayab Gauhar, Mr. Aryan Kumar, Advocates.

versus GOVERNMENT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Sameer Vashisht, ASC (Civil) for GNCTD with Mr. Vanshay Kaul, Mr.

Vedansh Vashisht, Advocates for R-1.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 19.07.2024 1.

The instant writ petition has been filed seeking the following prayers: "a. Quash and set aside the Delhi Government's Assistance Scheme for the Help of Delhi Riot Victims formulated by the Government of NCT of Delhi which limits the compensation from Rs.5,000/- to Rs.10,00,000/-; And/or b. Direct the respondent no.1 and 2 to grant total compensation of Rs.25,00,000 to the petitioner;

c. Direct the respondent no.1 and 2 to pay Rs.5,00,000 out of Rs.25,00,000/- as an interim compensation to the petitioner;

d. Pass an order or directions to the respondent no.1 to modify the present Government Assistance Scheme for the Delhi Riot Victims formulated by the Government of NCT of Delhi and to take into consideration the looting, theft and vandalism of residential and commercial places during the riot; e. Pass an order or directions to the respondents to enhance the compensation amount for the tenants to 50% under the residential unit head which makes an amount of Rs. 2.5 each for both the owner and its tenant. f. Pass any other order deemed fit and proper in the circumstances of the present case.."

Status report has been filed in the petition on 23rd April, 2021 which reads as follows:

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

It has been pointed out that by Mr. Sameer Vashisht, ASC (Civil) for GNCTD, that the Petitioner had not furnished any proof of the alleged damage to their property during the riots in question. He further submits that the team comprising of senior officers from the Office of the concerned SDM, PWD, BSES and DJB had visited the property of the Petitioner who asserted the claims, however, in absence of any proof of rioting, the claim of the Petitioner could not be entertained.

At this juncture, counsel for the Petitioner states that she would be satisfied in case the Court were to direct that the Petitioner's case be considered by the North-East Delhi Riots Claims Commission.

The Court is also informed that the window for filing such claims in terms of the public notices issued by the Claims Commission has since expired. However, considering the fact that it is a case relating to claim on account of riots, and the Petitioner had approached the Court in the year 2021, the Court is of the opinion that the Petitioner should be afforded an opportunity to present their case before The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Claims Commission. That said, it must be observed that in light of the disputed facts that have emerged from the aforenoted status report, the Court is not inclined to entertain the present writ petition under Article 226 of the Constitution of India. It is now open for the Petitioner to substantiate their claims before the North-East Delhi Riots Claims Commission.

In view of the above, the present petition is disposed of with the direction that in case the Petitioner files a claim before the Claims Commission, the same shall be examined and decided as expeditiously as possible. 7.

It is clarified that the fact that this Court has not entertained the present petition does not mean that the Petitioner cannot sustain their claims for the alleged loss before the North East Delhi Riots Claims Commission and prove that they, being victims of riots, are indeed entitled to grant of compensation, in accordance with law.

SANJEEV NARULA, J JULY 19, 2024 ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.