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High Court of DelhiW.P.(C)/4110/2020

Balbir Meena v. State (NCT Of Delhi)

2020-07-10Hon'Ble Ms. Justice Prathiba M. Singh2 pages

SINDHU KRISHNAKUMAR 10.07.2020 21:01 $~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4110/2020 & CM APPLs. 14758/2020, 14759/2020 BALBIR MEENA ..... Petitioner Through:

Mr. Shivam Bajaj, Advocate.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr. Devesh Singh, ASC, GNCTD/r2.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 10.07.2020 1.

This hearing has been held by video-conferencing. 2.

The present petition has been filed by the Petitioner under Article 226 of the Constitution of India seeking release of compensation in terms of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter, 'Rules'). The case of the Petitioner is that he belongs to the 'Meena' caste from Alwar, Rajasthan and is a Scheduled Tribe. He claims that various casteist remarks were made against him and his family members and that he was physically and verbally assaulted by his neighbours.

3.

Ld. Counsel for the Petitioner submits that a FIR has been registered in the Dwarka district being FIR No.337/2019 and charges have also been framed in the matter. Thus, he submits that as per Entry No. 39 in Schedule [Annexure-1] of Rule 12(4) of the Schedule to the Rules, the Petitioner is By:PRATHIBA M SINGH

entitled to 25% of the compensation amount at the time of registration of FIR and 50% at the time when the charge sheet is sent to the Court i.e., a total of 75%.

4.

Ld. Counsel for the Petitioner submits that the Petitioner has made repeated representations to the concerned authorities for release of the compensation amount, however, the same have not been processed. Mr. Devesh Singh, ld. counsel appearing for the Respondents submits that if the claims of the Petitioner have been received, the same shall be processed in accordance with law.

5.

Considering the fact that the FIR is stated to be registered and the charge sheet is stated to have been filed, the authorities shall proceed in accordance with law after verifying the said facts. The decision on release of compensation shall be taken by the authorities within a period of six weeks. 6.

The petition is disposed of with the above directions. However, if the grievance of the Petitioner is not redressed within the prescribed period of six weeks, the Petitioner is permitted to approach this Court by filing an application in this case. All pending applications are also disposed of. PRATHIBA M. SINGH, J JULY 10, 2020 Rahul/T By:PRATHIBA M SINGH