Nasreen Jahan v. Government Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6231/2017 NASREEN JAHAN ..... Petitioner Through:

Mr. Arvind Kumar, Adv.

versus GOVERNMENT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Rajat Malhotra & Mr. Sunil Malhotra, Advs

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.07.2017 CM No.25860/2017 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

WP(C) No.6231/2017 3.

The petitioner has filed the present petition inter alia praying for mandamus to the respondent authorities to pay the petitioner, compensation of ₹15 lakhs towards suffering from acid attack. The petitioner has also stated that there would be some further expenses for corrective surgery. The petitioner had applied to the District Legal Service Authority (DLSA) for compensation and by an order dated 16.07.2014, DLSA had recommended the payment of compensation of ₹3 lakhs to the petitioner. 4.

The learned counsel appearing for the petitioner states that the petitioner had applied to the DLSA for further compensation and although it

appears that the said application has been disposed of, no communication has been received by the petitioner.

5.

The learned counsel for the respondents has also drawn the attention of this Court to the Notification of the Delhi Victim Compensation Scheme, 2015, and in terms of the said scheme, no claim made by the victim under sub-section 4 of Section 357A of the Code would be entertained after three years from the date of occurrence of the offence or conclusion of the trial. However, it is seen that the petitioner had filed the application prior to the Scheme being notified.

6.

In the circumstances, it is directed that DLSA shall consider the petitioner's claim in conformity with other similarly placed victims. In the event, DLSA has relaxed the limitation in other cases, it shall also consider whether limitation needs to be relaxed in this case as well. 7.

It is clarified that this Court has not expressed any opinion on the admissibility or the merits of the petitioner's claims. 8.

The petition is disposed off in the above terms. 9.

A copy of the order be given dasti under the signatures of the Court Master.

VIBHU BAKHRU, J JULY 24, 2017 NK