Jai Bhagwan v. State (Govt. Ofnct Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6479/2017 JAI BHAGWAN ..... Petitioner Through:

Mr Mukesh Gupta, Advocate.

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

Mr Santosh Kumar Tripathi, ASC with Mr Rizwan, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.07.2017 CM No.26821/2017 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 6479/2017 & CM No. 26820/2017 3.

Issue notice. The learned counsel for the respondent accepts notice. 4.

The petitioner has filed the present petition, inter alia, praying as under:- "(i) implement the Cabinet Decision No.2141 dated 16.04.2015 issued vide No.3 / 3 / 2013 / GAD / CN / DSGAD-III/1732-1743 dated 23.04.2015, Govt. of NCT of Delhi and the subsequent orders dated 25.04.2015 and 07.05.2015 issued by the office of Secretary (Revenue), GNCTD ordering an ex-gratia relief of Rs.20,000/- per acre of affected area to the recorded owners on account of crops damage due to rains in the case of the Petitioner in entirety.

(ii) pay the balance of the compensation amount for the area admeasuring 4 bigha 9 biswa comprised in one of the Khasras, out of two khasras No.60/18 & 60/23 Village Auchandi, Delhi to the petitioner forthwith."

5.

The controversy in the present petition relates to payment of ex gratia compensation for damage to crops caused by rains, as announced by the Government of National Capital Territory of Delhi (GNCTD). The petitioner claims that he had been given only one cheque, with respect to two parcels of lands owned by him.

It is the petitioner's case that he is entitled to compensation in respect of both the parcels of land. He, therefore, filed an application under the Right to Information Act, 2005 seeking reasons for not being provided the compensation in respect of the second parcel of land but has not received any response to his application. 6.

In the aforesaid circumstances, the respondents are directed to process the petitioner's request for the ex gratia payment of compensation within a period of four weeks from today. In the event, the respondents decide not to pay the compensation as claimed by the petitioner for any reason whatsoever, they shall communicate the same to the petitioner within the aforementioned period.

7.

The petition and the pending application are disposed of with the aforesaid directions.

VIBHU BAKHRU, J JULY 31, 2017 MK