WPMS/908/2019
2021 Latest Caselaw 1498 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
        ON THE 12TH DAY OF APRIL, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 908 of 2019

BETWEEN:

Sayunkta Vyapar Sangh
Shri Kedarnath Region,
Guptakashi,
District Rudraprayag.                            ......Petitioner

     (By Mr. S.K. Posti, Senior Advocate, assisted by Mr.
     Ashutoshi Posti, Advocate)

AND:
State of Uttarakhand and anothers.             .....Respondents
     (By Mr. Pradeep Hariya, Standing Counsel for the State
     of Uttarakhand)


                       JUDGMENT

This Writ Petition has been filed by Sayunkta Vyapar Sangh Shri Kedarnath Region, Guptakashi, which is an association of businessman, who lost their property/goods due to natural disaster, which hit Kedarnath Shrine in the year 2013.

2. By means of this writ petition, petitioner has sought following reliefs:

"i) Issue a suitable writ, order or direction in the nature of Mandamus commanding the respondents no 1 and 2 to implement the G.O. dated 04/03/2014 (Annexure no 5 as far as the rest 50% relief is to be given in the shape of the subsidy in working

capital under Beer Chandra Singh Garhwali Self Employment Scheme.

ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to provide the rest 50% payable relief to petitioner association in cash, in case there is a difficulty in implementation under the Beer Chandra Singh Garhwali Self Employment Scheme."

3. According to the petitioner, the State Government had taken a decision in the year 2014 to provide financial assistance to such persons, whose business was affected by natural disaster, however, benefit available as per the decision is not being given to the affected persons.

4. District Magistrate, Rudraprayag has filed a short counter affidavit. Paragraph nos. 5 & 6 of the short counter affidavit filed by District Magistrate, Rudraprayag are reproduced below:

"5. That so far as the claim of he petitioner is concerned, regarding the payment of the rest of the relief fund, which is to be given under the Beer Chandra Singh Garhwali Self Employment Policy, as subsidy/working capital to the people effected under the flood disaster of Kedarnath, the answering respondent has forwarded the matter repeatedly to the State Governmetn ad admitted by the petitioner himself.

6. That it is also an admitted case of the petitioner that under the four categories made to the effect persons, a fund of 50% of the relief fund i.e. approximate 25 crore under the Chief Minster Welfare Fund have been

released to the people of the petitioner Sangh."

5. Separate counter affidavit has been filed on behalf of State Government. In paragraph no. 5 of the said counter affidavit, it has been stated that on 25.06.2019, a decision was taken in a meeting presided over by Secretary, Disaster Management Department, Government of Uttarakhand to grant the benefit to the eligible persons. Paragraph no. 5 of the counter affidavit filed on behalf of State Government is reproduced below:

"That the contents of para No. 1 of the writ petition as stated are not admitted, hence denied. In reply it is stated that at the level of the Government the Government Order No. 334 dated 0403.2014 have been issued and regarding its compliance it was sent to the District Magistrate, Rudrapayag and in compliance of the aforesaid Government order the District Magistrate, Rudraprayag on the basis of the self assessment to the people effected from the disaster from the place Tilwara to Kedarnath, 40% of the amount of the damages i.e. Rs. 24.99 Crore were got sanctioned from the 'Chief Minister Relief Fund' and were distributed to the effected persons. Further, it has been decided for 40% of another part of the amount shall be sanctioned under the 'Veer Chandra Singh Garhwali Self Employment Scheme' to grant as a subsidy and working capital. To this effect the decision dated 25.06.2019 have been taken in a meeting presided by the Secretary, Disaster Management Department, Government of Uttarakhand that the subsidy which has not be given to the effected businessmens' under the 'Veer Chandra Singh Garhwali Self Employment Scheme' the department

of tourism shall complete such a process by making the camps personally so that it may be available to the rest of the effected businessmen's. It has been directed to the District Magistrate, Rudrapryag the amount so required in the matter may be given to the office of the Hon'ble Chief Minister regarding the Chief Minister Relief Fund. A true/correct typed version/photocopy of the procedure of meeting is being filed herewith and marked as Annexure no. CA-1 to this affidavit."

6. Since the State Government has admitted in paragraph no. 5 of the counter affidavit that it will disburse the amount in terms of Government Order, accordingly, the writ petition is disposed of by directing the State Government to complete the process of disbursement of the amount to the affected persons in terms of the Government Order and also the decision taken in the meeting held on 21.07.2019 as early as possible; but, not later than six months from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan