Delhi High Court
Dr Nand Kishore Garg vs Govt Of Nct Of Delhi & Anr on 4 March, 2020
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 4th March, 2020
+ W.P.(C) 2531/2020 and CM No.8854/2020
DR NAND KISHORE GARG ..... Petitioner
Through: Mr. Shashank Deo Sudhi, Adv.
versus
GOVT OF NCT OF DELHI & ANR ..... Respondents
Through: Mr. Sanjoy Ghose, Addl.Standing
Counsel-GNCTD with
Mr. Rhishabh Jetley, Ms. Urvi Mohan and Mr.
Naman Jain, Advs.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 04.03.2020
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 2531/2020
1. This Public Interest Litigation has been preferred with the following
prayers :
"(a) Issue a direction in nature of mandamus or any other
appropriate writ, order/direction or directions for directions to
the respondents to strike down the announcement order of
compensation to all victims of riots as being unreasonable and
being arbitrary.
and/or
(b) Direct the respondent for laying down the comprehensive
and exhaustive guidelines or regulation in respect of width and
length of the space for government advertisement/notification
to prevent the misuse of public money by advertising on full
page of newspaper which can be merely published on the line
of other government notifications.
And/or
(c) Direct the respondents to re-notify fresh
notification/announcement by incorporating mandatory
conditions of identification of the real victims before releasing
the compensation amount, so that the outsiders may be
excluded from getting the benefit of this scheme of
compensation.
And/or
(d) Direction to restore/rehabilitate the re-construction of
damaged educational institutions and religious places
irrespective of the communities in time bound manner, so that
the forthcoming academic educational session may start on
time without any disruptions.
And/or
(e) Direct the respondent for regulation of ex-gratia
compensation amount which should be proportionate to the
loss of life and social standing of the deceased.
And/or
(d) Pass such further order(s) as may be deemed fit and proper
under the facts and in the circumstances of the case."
2. Looking to the aforementioned prayers, we make it explicitly clear
that the aforesaid is a policy decision of the Delhi Government and we will
be extremely slow in interfering with the policy decision of the Government.
How much of the amount of compensation should be paid to the riot victims
is a policy decision of the respondents and we do not deem it appropriate to
interfere with it.
3. Moreover, it appears that as per the decision dated 24 th April, 2018 in
W.P.(C) 569/2015 passed by this Court directed the Government to enhance
the compensation amount, para 12 whereof reads as under :
"12. Keeping in view the passage of time, inflation, cost
of living index, etc., the office order dated 5th April, 2011
deserves to be relooked at and examined so as to ensure
payment of effective amount towards compensation."
4. Learned counsel appearing for the petitioner submits that those who
are involved in the riots should not be paid compensation. This contention
appears to be attractive but looking to Annexure P-1 which is a Delhi
Government's Assistance Scheme for the help of riot victims, we expect
from the respondent-Government authorities that they will give the
assistance to the riot victims only under the aforesaid scheme. It means that
the Scheme at Annexure P-1 will be applicable to the riot victims only.
5. In view of the above, we see no reason to entertain this writ petition
and the same is therefore dismissed.
CM No.8854/2020
1. In view of the dismissal of the writ petition, this application stands
disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
MARCH 04, 2020/kr
