High Court of DelhiCONT.CAS(C)/802/2024

Smt. Maya Kaur & ORS. v. Sh. Ashwani Kumar, Addl. Chief Secretary & ORS.

2024-05-15Hon'Ble Ms. Justice Mini Pushkarna4 pages

$~2, 3, 4 & 12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 802/2024 SMT. MAYA KAUR & ORS.

.....Petitioners versus SH. ASHWANI KUMAR, ADDL. CHIEF SECRETARY & ORS.

.....Respondents + CONT.CAS(C) 1385/2024 REKHA & ORS.

.....Petitioners versus SH. NARESH KUMAR .....Respondents + CONT.CAS(C) 828/2024 ANITA .....Petitioner versus NARESH KUMAR .....Respondent + CONT.CAS(C) 262/2024 & CM APPL. 46288/2024 PREETI .....Petitioner versus SH ASHWANI KUMAR, DEPARTMENT OF REVENUE GOVT.OF NCT OF DELHI .....Respondent Presence Mr. Pawan Reley, Mr. Akshay Lodhi, Mr. Gaurav Kumar, Mr. Kashif Azhar, Mr. Utkarsh Agarwal & Mr. Tanish Rawat, Advs.

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

Mr Sameer Vashisht Adv Standing Counsel Civil (GNCTD) (thru VC) with Ms. Vaishali Gupta, Adv.

Mr Abinav Singh, SC for GNCTD with Ms. Kanishka Aggarwal, Adv. for GNCTD

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 17.04.2025 CM APPL.22390/2025 in CONT.CAS(C) 802/2024 & CM APPL.22451/2025 in CONT.CAS(C) 1385/2024 1.

These applications have been filed by petitioners-applicants seeking release of Rs.7 lakhs which have been deposited with the Registrar of this Court, pursuant to directions of this Court on 17th February 2025, by the respondent-State.

The issue arose out of orders passed on 29th January 2024 in W.P.(C) No. 875/2024, wherein the Single Judge of this Court had directed a payment of Rs.20 lakhs to the petitioners who had lost their family members in manual scavenging, based on the decision of the Apex Court in Balram Singh vs. Union of India & Ors., (2023) SCC Online SC 1386. Similar directions have also been passed in Preeti v. Union of India & Ors., W.P. (C) No. 15156/2023 by order dated 23rd November 2023. 3.

The directions passed in Preeti v. UOI (supra) were challenged by the State before the Division Bench in LPA 377/2024 which is pending before the Division Bench.

However, by an interim order dated 10th May 2024, while the issuing notice, the Division Bench directed without prejudice to rights and contentions of the State, to pay enhanced compensation, as directed by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Single Judge, to the respondent within 6 weeks. 5.

This order passed by the Division Bench in State v. Preeti was challenged before the Supreme Court. On 15th January 2025, the Supreme Court modified the order by the Division Bench taking note of the equities, and directed the State to pay an amount of Rs.7 lakhs without prejudice to rights and contentions of the respective parties, within 4 weeks. 6.

Taking note of this, on 17th February 2025, the Court directed the State to deposit Rs.7 lakhs with respect to each of these petitioners with Registry of this Court within 4 weeks. The said amount was deposited pursuant to subsequent order dated 17th March 2025. 7.

Counsel for petitioners pleads that considering the decision in Preeti (supra) was relied upon by this Court in the other matters in W.P.(C) No. 875/2024, W.P.(C) No.9020/2017, and W.P.(C) No. 2211/2024, where similar orders were passed by the Single Judge, the least which can be done is that Rs.7 lakhs deposited, be released to the petitioners in consonance with and in spirit of the order passed by the Supreme Court in State v. Preeti.

Mr. Sameer Vashisht, Standing Counsel Civil (GNCTD), states that LPAs have been filed, however, only notice on condonation of delay applications have been issued.

In the opinion of this Court, considering the background facts and circumstances in these matters, the order passed by the Court on 29th January 2024, still subsists and has not been modified or set aside by the Division Bench. Moreover, directions of the Supreme Court in State v. Preeti will effectively apply to other petitioners as well, who are similarly placed. Therefore, without prejudice to rights and contentions of the State, Rs.7 lakhs deposited with the Registrar, ought to be released to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners.

10.

Accordingly, the applications are allowed.

11.

The said amounts be released to the respective petitioners/applicants in terms of the prayers in these applications. 12.

Both these applications stand disposed of.

CONT.CAS(C) 802/2024, CONT.CAS(C) 1385/2024, CONT.CAS(C) 828/2024 & CONT.CAS(C) 262/2024 1.

The issue remains pending as far as payment of the balance amounts is concerned. However, considering the submissions of Mr. Sameer Vashisht that matter in Balram Singh (supra) is being considered by the Supreme Court in terms of its prospective/retrospective applicability, these matters are deferred to 31st July 2025.

Order be uploaded on the website of this Court. ANISH DAYAL, J APRIL 17, 2025/sm/bp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.