Mohini v. Govt Of NCT Of Delhi And ORS

#69 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3732/2016 & CM APPLs. 15903-15904/2016 MOHINI ..... Petitioner Through Ms. Megha Das with Ms. Mangla Verma, Advocates versus GOVT OF NCT OF DELHI AND ORS ..... Respondents Through Mr. Ajay Kumar, Proxy Counsel for Ms. Swaty S. Malik, Advocate for R-1 and 3.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 02.05.2016 Present writ petition has been filed with the following prayers:- "a) For an order and direction to the Respondents herein to pay the Interim Compensation of Rupees Three Lakhs as per the Hon'ble Supreme Court's Judgment in Laxmi Vs. Union of India & Ors. as after care and rehabilitation cost. b) For an order and direction to the Respondents herein to pay compensation of at least a sum of Rupees Ten Lakhs, taking into consideration the losses suffered by the petitioner. c) For an order and direction to the Respondents herein to reimburse the Petitioner/Victim the expenses of her medical treatment that she has already made so far.

d) For an order and direction to the Respondents herein to directly pay the Hospital the expenses incurred by the

Hospital on the Petitioner's operation after collecting the relevant bills from the said hospital where she is to be operated and to further make it a part of its compensation scheme permanently. As also upheld by the Hon'ble High Court of Bombay in "Aarti Thakur Vs. The State of Maharashtra" (Writ Petition No. 4267 of 2014) vide its order dated 27.03.2015.

e) For an Order directing the respondent State Government to provide Government job of not less than that of a Grade II officer, to the Petitioner or if the survivor is not in the position to work then to one of her family members, within one month of the incident of acid attack. If the victim does not have educational capabilities suitable for the post, the government should ensure that requisite training is provided to the victim. f) For an Order directing complete medical rehabilitation of the Petitioner, this will include, inter alia, the following:  Free of cost treatment for both physical injury and mental trauma in government and private hospitals and if needed whenever best available in the world. The treatment expenses of the survivor should include the cost of transportation to the hospital, medication, doctor's consultation fees, psychiatrist's fees etc.

 Lifetime support for medical treatment and corrective/re-constructive surgeries and assistance of a psychologist to deal with post trauma stress. g) For an order and direction to the Respondents to adequately compensate the Petitioner/ Victim herein as quantified by this Hon'ble Court, for the loss and detriment suffered by her in view of the delay in payment of their due entitlements. h) For an order or direction to the Respondents to develop a comprehensive rehabilitation scheme for the acid attack survivors for housing, education, and employment. i) For an order and direction to the Respondents to pay the cost of this petition as quantified by this Hon'ble Court. j) For any other order or direction that this Hon'ble Court may deem fit and appropriate under the circumstances of the

instant case and in the interest of justice." In the writ petition, it has been averred that the petitioner was attacked with acid on 6th November, 2005.

Learned counsel for the petitioner states that the petitioner has, till date, not received any financial or medical assistance from the respondents. She also points out that the petitioner's representation dated 5th November, 2014 for compensation has not been disposed of till date. Issue notice.

Mr. Ajay Kumar, Advocate accepts notice for respondent nos. 1 and 3. Since some of the prayers sought for in the present writ petition have not been sought for in the representation dated 5th November, 2014, petitioner is given liberty to file comprehensive representations with respondent nos. 1 and 2 within one week. If such comprehensive representations are filed, respondent nos. 1 and 2 are directed to dispose of the same within eight weeks. If need be, respondent nos.1 and 2 shall give a personal hearing to the petitioner before passing the orders. The orders shall be communicated to the petitioner by registered AD post.

With the aforesaid directions, present writ petition and applications stand disposed of.

MANMOHAN, J MAY 02, 2016 rn