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Gujarat High Court
Mehboob Fakruddin Vakharia vs State Of Gujarat on 21 January, 2026
NEUTRAL CITATION
C/SCA/8852/2009 JUDGMENT DATED: 21/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8852 of 2009
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Sd/-
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Approved for Reporting Yes No
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MEHBOOB FAKRUDDIN VAKHARIA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SIKANDER SAIYED(3458) for the Petitioner(s) No. 1
MR MAYANK CHAVDA, AGP for the Respondent(s) No. 1
KSHITIJ M AMIN(7572) for the Respondent(s) No. 3
RULE SERVED BY DS for the Respondent(s) No. 2,4,5
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 21/01/2026
ORAL JUDGMENT
1. By the present writ petition, the petitioner is seeking the following
reliefs:-
"22(a) That this Hon'ble Court may be pleased to kindly issue a writ of
mandamus, or a writ in the nature of mandamus, and/or, any other
appropriate writ, directing or order, directing the respondents, their
officers, servants agents etc to implement the decisions according to
the sanction for the Relief and Rehabilitation of victims of the
Communal Riots in Gujarat of 2002, as per Decisions taken by the
Government of India, Ministry of Home Affairs in connection with the
Annexure/s G collectively produced herewith the petition.
(b) Your Lordships may be pleased to kindly issue appropriate writ or
pass such direction(s)/order(s) to the respondents with regard to the
resolution of the Government of Gujarat as per various resolutions and
policies.
(c) Letter of the Director in the Ministry of Home Affairs, Government
of India, dated 20/24.4.2007 addressed to the Chief Secretary,
Government of Gujarat, informing him of the decision of the Central
Government to provide additional ex-gratia towards Relief &
Rehabilitation of the Victims of Communal Riots, Gujarat 2002, at
Annexure F.
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(d) Pending admission and disposal of this petition, Your Lordship may
be further pleased to direct the respondents, their agents and/or their
servants to forthwith disburse the amounts due and payable as per the
Annexures supplied herewith collectively at Annexure F, G to the riot
victims/families of the riot victims as prayed for in clause 22(a to d)
above.
(e) Your Lordships may be further pleased to kindly grant an ex-parte
interim relief in terms of para 22 (d) above may kindly be granted.
(f) Any other relief that may be deemed just and proper in the matter
may kindly be granted in the interest of justice."
2. It is the case of the petitioner that he was running a glass factory in
the name and style of M/s.Vakharia Glass Works at Narol, District
Ahmedabad in the name of a proprietorship firm, which was dealing in
sell and purchase of glass, mirrors and other glass material and
substances. It is further the case of the petitioner that in the communal
riots, which had occurred in the year 2002, some persons had broken the
shutter and ceiling of the factory and looted and damaged the entire goods
to the tune of Rs.9,25,000/-, whereby the business of the petitioner came
to a standstill. In the said circumstances, the petitioner was not in a
position to lodge any FIR. However, one common FIR was lodged in
respect of all the offences, which had occurred in the said particular area.
The petitioner had requested various authorities for relief package, which
was granted by the Central Government and the State Government. Since
there was no response, the petitioner gave an application dated
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23.05.2002 to the Collector and also supplied the relevant documents to
show the loss incurred by him in the communal riots. It is further the case
of the petitioner that though various financial relief packages were
granted to the riot victims and affected persons, the same was not
extended to the petitioner. Therefore, by the present writ petition, the
petitioner has sought implementation of the decisions taken by the
Government of India, Ministry of Home Affairs and issue appropriate
directions to the Central as well as the State Government to act in
accordance with such resolutions and policies.
3. Mr.Sikandar Saiyed, learned counsel appearing for the petitioner,
submits that the father of the petitioner had given a complaint to the
Shaher Kotda Police Station, Ahmedabad in respect of the damage to his
premises in the communal riots and thereafter, panchnama came to be
conducted in respect of damaged premises. He submits that thereafter the
petitioner has written a communication dated 23.05.2002 to the Collector,
Ahmedabad City requesting to grant them the financial relief for which
they are eligible. He submits that pursuant to such application, by a
certificate-cum-recommendation letter dated 06.06.2002, the case of the
petitioner was recommended for appropriate relief by assessing the
damage at Rs.2,10,000/-. He submits that pursuant thereto the petitioner
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has not received any financial assistance from the State Government or
the Central Government. The petitioner is therefore aggrieved and has
preferred the present writ petition for implementation of the decisions
according sanction for the relief and rehabilitation to the victims of
communal riots in Gujarat as per the decision taken by the Government of
India, Ministry of Home Affairs.
4. Learned counsel for the petitioner has further relied upon a
communication dated 27.04.2007 issued by the Government of India,
Ministry of Home Affairs to the Chief Secretary, Government of Gujarat,
wherein it has been stated that the Central Government has decided to
provide additional ex-gratia payment towards the relief and rehabilitation
of the victims of communal riots Gujarat, 2002 and the petitioner was
qualified thereunder for the damage to residential property and uninsured
commercial/industrial property, which was an ex-gratia amount of 10
times the amount given by the State Government. He, therefore, submits
that the petitioner be granted the appropriate additional relief and
rehabilitation as declared by the Central Government. He submits that the
present writ petition be allowed and the petitioner be declared to be
entitled to such additional ex-gratia payment.
5. Per contra, learned AGP Mr. Mayank Chavda appearing on behalf
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of the respondent-State submits that by order dated 30.03.2009, the
Government of India has made available funds to the State of Gujarat for
disbursing the same to the riot affected persons pursuant to the relief
package declared by it. It is submitted that all the amounts so received
from the Union of India has already been disbursed to the various
beneficiaries, who had applied for and had been identified by the State
Government. It is submitted that the petitioner has raised a grievance
about the last category, which is of damage to the unsecured commercial
property and the non-payment of relief thereunder to him. It is submitted
that the State Government can only make disbursement under the scheme
if the Central Government has granted such payment of compensation to
the petitioner. He submits that the State Government has disbursed almost
all the amounts under the said relief package and if any compensation
was not paid at the relevant point of time, it was due to the various
reasons like non-availability of the person on the given address and non-
fulfillment of requirement certain claimants and non-furnishing of the
relevant documents required under the policy. He submits that the
petitioner had prayed for compensation against the damages caused to his
glass factory for which the petitioner was required to fill up an
application and submit the same to the District Industries Centre. Upon
receipt of such application from the present petitioner, an assessment of
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damages was carried out by the designated team of the District Industries
Centre and thereafter, the petitioner was issued a letter for
recommendation for loan on special rates as declared by the State of
Gujarat as well as to the bank of his choice i.e. Kalupur Commercial Co-
operative Bank, Ahmedabad. He submits that the petitioner had opted for
availing the loan for rehabilitation of his business and the same was also
granted to him in terms of the State Government G.Rs. dated 16.03.2002
and 16.05.2002. He submits that in the government policy for
rehabilitation of industrial and commercial establishments incurring
property damage of above Rs.50,000/-, the State Government did not
have any scheme for offering any lumpsum or ex-gratia payment. He
submits that the petitioner has been granted and sanctioned loan facilities
as per his application and therefore, the petitioner was not entitled to any
further compensation. He, therefore, submits that the present petition be
dismissed.
6. Heard learned counsel for the parties. Considered the submissions
and perused the documents on record.
7. The facts of the present case reveal that the petitioner was a victim
of mob fury and the communal riots, which had occurred in the State of
Gujarat in the year 2002. Looking at the magnitude of the riots, 2002, the
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State Government as well as the Central Government announced various
relief packages for the victims of the riots. Applications were invited for,
and damages were assessed and accordingly, the victims were
recommended for financial assistance under various categories. There is
no dispute that the petitioner herein lost his commercial establishment in
the communal riots. Accordingly, the petitioner has made an application
to the Collector in respect of obtaining relief under the financial packages
announced by the State Government for such commercial establishments.
On the application being made by the petitioner to the Collector,
Ahmedabad dated 23.05.2002, the State authorities have conducted the
necessary panchnama and assessed the damage done to the commercial
establishment of the petitioner. Accordingly, the General Manager,
District Industries Centre, Ahmedabad has issued a certificate of damages
and loan recommendation letter to the petitioner towards the assessed
damages of Rs.2,10,000/-. There is no dispute that the petitioner has
received such certificate of damage and recommendation for loan. The
petitioner has not challenged the assessment of the damage as per the said
certificate before any authority or forum. The petitioner has thereafter
filed the present writ petition in the year 2009 seeking additional ex-
gratia compensation towards the relief and rehabilitation of the victims of
communal riots Gujarat, 2002 announced by the Government of India,
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Ministry of Home Affairs under the category of uninsured commercial
property in the year 2007. By the prayers prayed for in the present writ
petition, the petitioner is only seeking a general direction in respect of
implementation of the decisions taken by the Government of India and
issuing directions to the State Government to implement the same. The
prayers prayed for are general and vague in nature not specifying any
categories or any deficiencies. The whole tenor of the writ petition is in
the nature of public interest. By affidavit-in-reply, the State Government
has clearly stated that the State Government had already disbursed more
than 99% of the amounts to the relief victims so received from the
Central Government and that the amounts, which could not be disbursed
was for various reasons like non-availability of the person on the given
address and non-fulfillment of requirement certain claimants and non-
furnishing of the relevant documents required under the policy etc. In the
present case, the petitioner has been beneficiary of the State Government
policy in terms of the Government Resolutions dated 16.03.2002 and
16.05.2002.
8. For the aforesaid reasons and observations and in absence of any
material particulars, the prayers prayed for in the present writ petition
cannot be granted.
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9. The present petition is devoid of merits and is accordingly
dismissed. Rule is discharged. Interim relief if any, stands vacated. No
order as to costs.
Sd/-
(ANIRUDDHA P. MAYEE, J.)
ABHISHEK/62
