Delhi High Court

Mohd Gulvez & Anr. vs District Magistrate North East ... on 17 July, 2023

                          $~3(SB) to 37(SB) & 39(SB)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                Date of decision: 17th July, 2023
                          +           W.P.(C) 6338/2020 & CM APPL. 22498/2020
                                MUMTIYAJ ALI                                  ..... Petitioner
                                                 Through: Mr. Chirayu Jain, Advocate.
                                                            Mr. Manoj Kumar Sharma, Proxy
                                                            Counsel. (M:9811139236)
                                                 versus
                                SDM KARAWAL NAGAR & ANR.                      ..... Respondents

Through: Mr. Siddhant Dutt, Proxy Counsel.

                                                            (M:7042259907)
                          4(SB)                  WITH
                          +                      W.P.(C) 11207/2021
                                MOHD GUL HASAN                                ..... Petitioner

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates. (M: 8130426636) Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus SUB DIVISIONAL MAGISTRATE KARAWAL NAGAR & ANR. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          5(SB)                  WITH
                          +           W.P.(C) 11208/2021 & CM APPL. 34509/2021
                                MOHD NASIM                                    ..... Petitioner

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus SDM KARAWAL NAGAR & ANR. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          6(SB)                           WITH


Signature Not Verified

By:DHIRENDER KUMAR
Signing Date:21.07.2023
12:10:03
                           +          W.P.(C) 11483/2021 & CM APPL. 35387/2021
                                FAHEEM AKHTAR                                 ..... Petitioner

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus SUB DIVISIONAL MAGISTRATE SHAHDARA & ANR. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          7(SB)                 WITH
                          +          W.P.(C) 9313/2021 & CM APPL. 28942/2021
                                MOHD GULVEZ & ANR.                            ..... Petitioner

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus DISTRICT MAGISTRATE NORTH EAST DELHI & ANR. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          8(SB)                 WITH
                          +                     W.P.(C) 13238/2022
                                KHALIL AHMAD                                  ..... Petitioner

Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates. Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus GNCTD & ORS. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          9(SB)                 WITH
                          +                     W.P.(C) 17622/2022
                                MOHD. SAMEER                                  ..... Petitioner


Signature Not Verified

By:DHIRENDER KUMAR
Signing Date:21.07.2023
12:10:03

Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates (M- 9810187140) Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus GNCTD, DEPARTMENT OF REVENUE & ORS. ..... Respondents Through:

Mr. Siddhant Dutt, Proxy Counsel.

                          10(SB)                    WITH
                          +                  W.P.(C) 6413/2020
                               SHOKAT ALI & ORS.                           ..... Petitioners

Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through:

Mr. Siddhant Dutt, Proxy Counsel.

                          11(SB)                        WITH
                          +                  W.P.(C) 6660/2020
                               SAGEER KHAN & ANR.                          ..... Petitioners

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus GOVT. OF NCT OF DELHI ..... Respondent Through: Mr. Avishkar Singhvi, Mr. Naved Ahmed, Mr. Vivek Kumar Singh, Advocates for GNCTD.

Mr. Siddhant Dutt, Proxy Counsel.

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 12(SB) WITH + W.P.(C) 6736/2020 MOHSIN ..... Petitioner Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates. Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus GOVT. OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          13(SB)                      WITH
                          +                    W.P.(C) 7889/2020
                               TAUSHIF KHAN & ORS.                           ..... Petitioners

Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates. Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          14(SB)                      WITH
                          +    W.P.(C) 8932/2020 & CM APPL. 42565/2022, 42566/2022
                               SHAHAZAD ASGHAR ZAIDI & ORS.                  ..... Petitioners

                          15(SB)                      WITH
                          +                    W.P.(C) 9431/2020



Signature Not Verified

By:DHIRENDER KUMAR
Signing Date:21.07.2023
12:10:03
                                   MD SHAHABAJ & ORS.                               ..... Petitioners
                                              Through:            Ms. Kawalpreet Kaur, Ms. Sumayya
                                                                  Khatoon, Mr. Umesh Kumar,

Advocates (Mob. No. 8287908688) Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondent Through: Mr. Siddhant Dutt, Proxy Counsel.

                          16(SB)
                          +                    W.P.(C) 549/2021
                               SHAH NAWAZ                                    ..... Petitioner
                                               Through:    Ms. Mishika Singh, Ms Aanchal

Tikmani, Mr Subham K Jain & Ms. Harshita Singhal, Advocates. Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          17(SB)                      WITH
                          +         W.P.(C) 1245/2021 & CM APPL. 3473/2021
                               ASIF AHMED                                    ..... Petitioner

Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688) Mr. Manoj Kumar Sharma, Proxy Counsel. (M:9811139236) versus GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          18(SB)                      WITH
                          +         W.P.(C) 1510/2021 & CM APPL. 4329/2021
                               MOHD RIZWAN & ANR.                            ..... Petitioners

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 Mr. Manoj Kumar Sharma, Proxy Counsel.

versus DISTRICT MAGISTRATE NORTH EAST DELHI & ANR. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          19(SB)                      WITH
                          +         W.P.(C) 2244/2021 & CM APPL. 6496/2021
                               MD ISLAM                                      ..... Petitioner

Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688) Mr. Manoj Kumar Sharma, Proxy Counsel versus GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          20(SB)                      WITH
                          +                    W.P.(C) 2828/2021
                               MUKEEM                                        ..... Petitioner

Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates. Mr. Manoj Kumar Sharma, Proxy Counsel versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          21(SB)                      WITH
                          +                    W.P.(C) 2931/2021
                               SAGIR & ORS.                                  ..... Petitioners

Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates Mr. Manoj Kumar Sharma, Proxy Counsel versus

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          22(SB)                      WITH
                          +         W.P.(C) 4146/2021 & CM APPL. 12603/2021
                               SAYEED AHMAD KHAN                             ..... Petitioner

Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688) Mr. Manoj Kumar Sharma, Proxy Counsel versus GOVERNMENT OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          23(SB)                      WITH
                          +         W.P.(C) 660/2021 & CM APPL. 1611/2021
                               KESAR & ANR.                                  ..... Petitioners

                          24(SB)                      WITH
                          +         W.P.(C) 2241/2021 & CM APPL. 6488/2021
                               SATISH MEHTO                                  ..... Petitioner

Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688) Mr. Manoj Kumar Sharma, Proxy Counsel versus GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 Through: Mr. Siddhant Dutt, Proxy Counsel.

                          25(SB)                      WITH
                          +         W.P.(C) 2272/2021 & CM APPL. 6600/2021
                               AFSHANA & ANR.                                ..... Petitioners

                          26(SB)                      WITH
                          +                    W.P.(C) 2791/2021
                               RAM SUGARAT & ORS.                            ..... Petitioners

Through: Ms. Karuna Nundy, Advocate.

Mr. Manoj Kumar Sharma, Proxy Counsel versus GOVT. OF NCT OF DELHI THROUGH CHIEF SECRETARY & ORS. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          27(SB)                      WITH
                          +         W.P.(C) 2822/2021 & CM APPL. 8508/2021
                               SHABNAM                                       ..... Petitioner

Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688) Mr. Manoj Kumar Sharma, Proxy Counsel versus GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents Through: Mr Sanjeev Sabharwal, Advocate (Mob. No. 9810031680) Mr. Siddhant Dutt, Proxy Counsel.

                          28(SB)                      WITH



Signature Not Verified

By:DHIRENDER KUMAR
Signing Date:21.07.2023
12:10:03
                           +         W.P.(C) 4283/2021 & CM APPL. 13035/2021
                               SAKINA                                        ..... Petitioner

Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688) Mr. Manoj Kumar Sharma, Proxy Counsel versus GOV. OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          29(SB)                      WITH
                          +         W.P.(C) 4448/2021 & CM APPL. 13556/2021
                               NOOR JAHAN ANSARI                             ..... Petitioner

                          30(SB)                      WITH
                          +                    W.P.(C) 4957/2021
                               SHAHZAD HUSSAIN                               ..... Petitioner

                          31(SB)                      WITH
                          +         W.P.(C) 4986/2021 & CM APPL. 15285/2021
                               RIYAZ AHMED MANSOORI                          ..... Petitioner

Through: Ms. Kawalpreet Kaur, Ms. Sumayya

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688) Mr. Manoj Kumar Sharma, Proxy Counsel versus GOVERNMENT OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          32(SB)                     WITH
                          +        W.P.(C) 5837/2021 & CM APPL. 18291/2021
                               MOHD AYYUB                                   ..... Petitioner

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Mr. Manoj Kumar Sharma, Proxy Counsel versus SDM KARAWAL NAGAR & ANR. ..... Respondents Through:

Mr. Siddhant Dutt, Proxy Counsel.

                          33(SB)                     WITH
                          +                   W.P.(C) 2002/2022
                               RASHID AHMED                                 ..... Petitioner

Through: Mr. Chirayu Jain, Advocate.

Mr. Manoj Kumar Sharma, Proxy Counsel versus SDM KARAWAL NAGAR & ANR. ..... Respondent Through: Mr. Siddhant Dutt, Proxy Counsel.

                          34(SB)                     WITH
                          +        W.P.(C) 6043/2022 & CM APPL. 18132/2022
                               MEHANDI HASAN                                ..... Petitioner

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Mr. Manoj Kumar Sharma, Proxy Counsel versus

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 DISTRICT MAGISTRATE, NORTH-EAST DELHI & ANR. ..... Respondent Through: Mr. Siddhant Dutt, Proxy Counsel.

                          35(SB)                      WITH
                          +              W.P.(C) 7780/2022 & CM APPL.23821/2022
                               MOHD JAVED                                  ..... Petitioner

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Mr. Manoj Kumar Sharma, Proxy Counsel versus DISTRICT MAGISTRATE, NORTH-EAST DELHI & ANR. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          36(SB)                      AND
                          +         W.P.(C) 14387/2023 & CM APPL. 43905/2022
                               ASLAM KHAN                                  ..... Petitioner

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Mr. Manoj Kumar Sharma, Proxy Counsel versus

SUB DIVISIONAL MAGISTRATE KARAWAL NAGAR & ANR. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel.

                          37(SB)                    AND
                          +                  W.P.(C) 3590/2023
                               TAHSIM                                    ..... Petitioner

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Mr. Manoj Kumar Sharma, Proxy Counsel versus

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 GOVERNMENT OF NCT OF DELHI ..... Respondent Through: Mr. Siddhant Dutt, Proxy Counsel.

                                              AND

                          39(SB)                     AND
                          +        W.P.(C) 8934/2023 & CM APPL.33859/2023
                               BABU KHAN AND ORS.                      ..... Petitioners

Through: Ms. Suroor Mander, Ms. Vasudha Singh, and Mr. Imroz Alam Advocates.

Mr. Manoj Kumar Sharma, Proxy Counsel versus

SUB DIVISIONAL MAGISTRATE KARAWAL NAGAR & ORS. ..... Respondents Through: Mr. Siddhant Dutt, Proxy Counsel. CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.

2. All these petitions relate to the unfortunate North-East Delhi Riots of 2020, where compensation has been sought by several victims of the riots. The compensation claims arise out of damage cost to life, injury as also property.

3. In terms of the decision of the Supreme Court in In Re: Destruction of Public & Private Properties v. State of Andhra Pradesh and Ors., (2009) 5 SCC 212, the following steps are to be taken for determination of compensation:

"15. In the absence of legislation the following

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 guidelines are to be adopted to assess damages: (I) Wherever a mass destruction to property takes place due to protests or thereof, the High Court may issue suo motu action and set up a machinery to investigate the damage caused and to award compensation related thereto. (II) Where there is more than one state involved, such action may be taken by the Supreme Court. (III) In each case, the High Court or Supreme Court, as the case may be, appoint a sitting or retired High Court judge or a sitting or retired District judge as a Claims Commissioner to estimate the damages and investigate liability.

(IV) An Assessor may be appointed to assist the Claims Commissioner.

(V) The Claims Commissioner and the Assessor may seek instructions from the High Court or Supreme Court as the case may be, to summon the existing video or other recordings from private and public sources to pinpoint the damage and establish nexus with the perpetrators of the damage. (VI) The principles of absolute liability shall apply once the nexus with the event that precipitated the damage is established.

(VII) The liability will be borne by the actual perpetrators of the crime as well as organisers of the event giving rise to the liability - to be shared, as finally determined by the High Court or Supreme Court as the case may be.

(VIII) Exemplary damages may be awarded to an extent not greater than twice the amount of the damages liable to be paid.

(IX) Damages shall be assessed for:

(a) damages to public property;

(b) damages to private property;

(c) damages causing injury or death to a person or persons;

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03

(d) Cost of the actions by the authorities and police to take preventive and other actions (X) The Claims Commissioner will make a report to the High Court or Supreme Court which will determine the liability after hearing the parties."

4. The Delhi High Court had, pursuant to the above judgement, set up the North-East Delhi Riots Claims Commission (hereinafter 'Claims Commission') headed by the Justice Sunil Gaur (Retired). Vide letter dated 18th March, 2020, the worthy Registrar General of the Delhi High Court had communicated the decision of Hon'ble the Chief Justice of setting up the Claims Commission to the Chief Secretary, Government of National Capital Territory of Delhi (GNCTD). The said decision also received approval from the Hon'ble Lt. Governor on 13th April, 2020. The said Claim Commission's mandate was to assess the damage cost and to determine the compensation. The Claims Commission over the last few years, appointed various Surveyors and had also received several claims. There are thus two sets of Claims which were then processed, one before the Claims Commissioner and one by the GNCTD independently.

5. The GNCTD had also announced its own scheme for victim compensation, Delhi Government's Assistance Scheme, for the Help of Riot Victims. As per the said Scheme, lump sum amounts were to be paid on the basis of the nature and extent of damage caused.

6. The present batch of cases was listed before this Court on 20th March, 2023, and on the said date, this Court had called for a report from the Secretary of the office of the Claims Commission with the following details: • The number of claims received by the Commission;

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 • The number of claims awarded and rejected along with copies of the orders;

• In case lower compensation has been sanctioned than what was prayed for, reasons for the same;

• The number of hearings conducted by the Commission; • The list of surveyors appointed by the Commission; • The number of claims assessed by each surveyor

7. The said report dated 27th April, 2023 was submitted by the Secretary of the Claims Commission on 28th April, 2023, when the matter was listed before this Court. Initially the said report was sent by email to the Court Master and the said report is now on record as well. On the said date, this Court also perused an affidavit, which was filed by one of the victims of the riots. The relevant extract of the said order is extracted as under:

"5. The submission of ld. Counsel for the Petitioner Ms. Mishika Singh, is that in the case of the Petitioner in W.P.(C) 13238/2022, the office of the Claims Commission has been repeatedly contacting the Petitioner and similarly situated persons and has been coaxing the said victims to accept compensations.

6. An affidavit has been filed by one of the victims -Mr. Sartaj Ahmed which states as under:

"6. Around mid-June 2021, I received a call from +91 9310557900 where the caller represented that he was calling from the Surveyor's office and stated that the damage sustained to my shop had been assessed by the Surveyor as Rs. 35,000/-. He further asked me to write a letter, as per his dictation, addressed to the NorthEast Delhi Riots Claims Commission, requesting that the said amount be disbursed to me and to

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 send a picture of this letter to him on WhatsApp. He categorically mentioned that I will have to follow his instructions in order to receive the claim amount and that in the case his instructions were not followed, my claim would be rejected.

7. I state that I wrote an undated letter as per the instructions of the caller and shared the same with him on WhatsApp as per his instructions. However, my phone has been damaged since then and hence, I am unable to produce any WhatsApp screenshot today. A true copy of the undated letter is annexed herewith as Annexure A-3.

8. Despite the above, I have not received any money till date."

7. According to ld. Counsel for the Petitioner, the victims have also received calls from the following numbers i.e. 9310557915, 9310557945 & 9716719616, wherein the callers have stated that they are from the office of the surveyor associated with the Commission."

8. Insofar as the claims before the Claim Commissioner are concerned, the Claims Commissioner has submitted two reports relating to 1528 claimants to the Hon'ble Chief Justice. The said reports are in a sealed cover and were marked by the Hon'ble Chief Justice, to the judicial side in terms of the judgment of the Supreme Court in In Re: Destruction of Public & Private Properties (supra) to a ld. Single Judge. On enquiry, from the Registry, this Court has been informed that the said case relating to the reports is now listed before Hon'ble Mr. Justice Anish Dayal for consideration on 22nd August, 2023.

9. Parallelly, these writ petitions have been filed and are in the following

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 four categories:

i) Petitioners who challenge the GNCTD scheme on the ground that the amounts fixed therein do not compensate the loss suffered by the said victims. Thus, the scheme is violative of the victims' rights. Such Petitioners may or may not have received some amounts of compensation from GNCTD.

ii) The second category of petitions are of those claimants who have received some amount of compensation under the Scheme but are claiming higher amounts within the Scheme on the ground that the assessment has been incorrectly made;

iii) Those Petitioners who have neither received any money from the GNCTD nor have filed claims before the Claims Commissioner but are seeking compensation; and

iv) Those Petitioners whose claims have been filed before the Claims Commissioner but no amounts have been released by the Claims Commissioner.

10. Overall, the Petitioners before the Court are those claimants who are dissatisfied with the amounts determined or the amounts fixed under the Scheme. Several of the Petitioners are also aggrieved by the manner of functioning of the Claims Commission. There are various allegations made against the Claims Commission including that the victims are being contacted and are being coerced into accepting lesser claim amounts by the Assessors/Surveyors appointed by the Claims Commission. In addition, it is being argued that the Claims Commission has not not heard any of the victims and the basis of the fixation of the amounts by the Claims

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03 Commission has not been informed to the victims.

11. Mr. Dinesh Kumar who was directed to be present on behalf of the Claims Commission submits that the mandate of the Claims Commissioner had expired on 31st March, 2023. Thereafter, the question of the renewal of the mandate of the Claims Commission matter was pending and the said renewal has been granted only in July, 2023. Hence, there has been a hiatus in the functioning of the Claims Commission.

12. In the opinion of this Court, in deciding victims' compensation cases relating to North-East Delhi Riots, it would be pragmatic for both sets of matters to be taken up together. The recommendations of the Claims Commissioner having been submitted to this Court are now pending consideration before a ld. Single Judge. In the opinion of this Court, all these matters in respect of enhancement, non-grant or challenge to the Scheme ought to be heard by the same Bench.

13. Accordingly, subject to the orders of Hon'ble the Chief Justice, list these matters, also for hearing before the Bench of Hon'ble Mr. Justice Anish Dayal before whom the Claims Commissioner's report is stated to be pending consideration and is now listed on 22nd August, 2023.

14. List before the said Bench on 25th July, 2023.

15. These matters shall not be treated as part-heard.

16. Objections, if any, to the Claims Commissioner's report may be filed by the claimants.

PRATHIBA M. SINGH JUDGE JULY 17, 2023 Rahul/AM

Signature Not Verified

By:DHIRENDER KUMAR Signing Date:21.07.2023 12:10:03