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Judgment
D.N. Patel, CJ
W.P.(C) 2531/2020
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.â€
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.
Moreover, it appears that as per the decision dated 24th 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.â€
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.
In view of the above, we see no reason to entertain this writ petition and the same is therefore dismissed.
CM No.8854/2020
In view of the dismissal of the writ petition, this application stands disposed of.