Allahabad High Court
Rahul Bharti vs State Of U.P. on 3 August, 2021
Bench: Munishwar Nath Bhandari, Acting Chief Justice, Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1140 of 2021
Petitioner :- Rahul Bharti
Respondent :- State of U.P.
Counsel for Petitioner :- Akhilesh Kumar
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Hon'ble Subhash Chandra Sharma,J.
The writ petition has been filed to seek a direction to update number of deaths on the portal of Covid-19.
Learned counsel for the petitioner submits that due to Covid-19 pandemic many persons died and now as per the judgment of the Hon'ble Apex Court, family would be entitled to the compensation under the Disaster Management Act, 2005. In absence of a correct information about the death out of Covid-19, family would be deprived to get compensation on account of death due to Covid-19 pandemic. Reference of few documents has been given to show that the complete details of the death out of Covid-19 has not been uploaded on the portal. It is also submitted that in absence of the details and more specifically the test report, the death out of Covid-19 was not reported and thereby the family members of the deceased therein would be deprived to get the compensation pursuant to the judgment of the Hon'ble Apex Court.
We have considered the submissions made by learned counsel for the petitioner and perused the record. The prayer of the petitioner is to direct the respondents to update the deaths out of Covid-19 on the portal with actual number. The learned counsel for the petitioner could not specify as to what are the actual number of deaths and as to how the record prepared by the respondents does not demonstrate the actual deaths out of Covid-19. The statements enclosed show number of deaths out of Covid-19.
The direction of the nature prayed by the petitioner cannot be given unless material is placed on record to prove that a person died out of Covid. In fact, individual needs to prove his case to get the compensation pursuant to the judgment of the Hon'ble Apex Court. A direction to correct the portal may not get the appropriate result in absence of material to show that information on the portal was either incorrect or incomplete. The incorrect information can be challenged by the individual or family whose relative died out of Covid-19 pandemic. It may be by submission of the medical report or otherwise but in absence of the material of that nature required before this Court, a direction to update the portal would remain in vain.
Accordingly, we dispose of this writ petition with liberty to the petitioner to pursue the individual to make a claim of compensation if the person suffered Covid-19 pandemic. It is obviously by producing the relevant record to show death out of Covid-19 pandemic. In this case, material is brought before the authority showing death out of Covid-19, necessary considerations would obviously be made by the authority. If the individual, either its own or with the support of the petitioner proves case of death out of pandemic of Covid-19, then would also obviously be entitled to get the benefit as per the judgment of the Apex Court.
The petition is disposed of with aforesaid.
Order Date :- 3.8.2021
Ashok Gupta
.
(Subhash Chandra Sharma, J.) (Munishwar Nath Bhandari, ACJ.)
