Supreme Court of India

BHUKAMP PIDIT ANDOLANversusSTATE OF U.P. AND ANR.

Citation: 1995 INSC 343
Decided: 8 May 1995
Disposal: Disposed off
Bench: K RAMASWAMYB L HANSARIA

Holding

The Court held that no eligible victims remain omitted in Uttarkashi and directed the Tehri District Collector to verify pending claims within two months and issue notice to eligible claimants who have not come forward, thereby disposing of the petition.

Summary

The District Collectors of Uttarkashi and Tehri Garwal submitted reports on earthquake compensation claims. In Uttarkashi, after verification, no eligible victims were left out. In Tehri, out of 6,978 claimants, 6,071 were verified, 907 pending, 3,844 ineligible, 576 eligible but not yet claimed, and 151 minors ineligible. The Supreme Court directed the Tehri Collector to verify the 907 pending claims within two months and to issue notices to the 576 eligible claimants who had not come forward, verifying their eligibility before payment. The Court found that further proceedings were unnecessary and disposed of the writ petition.

Issues considered

Whether any earthquake victims have been omitted from eligibility for compensation in Uttarkashi and Tehri districts
Whether the District Collector must verify pending compensation claims within a specified timeframe
Whether the Court should direct issuance of notice to eligible claimants who have not claimed compensation
Whether the writ petition under Article 32 should be disposed

Subjects

natural calamitiesearthquakecompensationeligibilityverificationdistrict collectorwrit petitionArticle 32victimspending claims

Judgment

A                         BHUKAMP PIDIT ANDOLAN
                                          v.
                            STATE OF U.P. AND ANR.

                                    MAY 8, 1995

B                [K. RAMASWAMY AND B.L. HANSARIA, JJ.]

          Natural Calamities-Earth 'quak,,_Victims-Compensati01t-Eligibility
    -Collector's report-Supreme Court directions for verification and payment
    of compensation.
c         In this writ petition, the District Collector of Uttarkashi and Tehri
    Garwal have filed details regarding names received and considered, extent
    of verification done and who are the persons eligible to receive compensa·
    lion in the areas hit by earthquake.                                             •

D           Disposing the petition, this Court

          HELD : So far as Uttarkashi is concerned, there are no eligible
    earthquake victims left out. As regards Tehri District, 907 claims are pend·
    ing for verification. The District Collector is directed to have them verified
    within a period of two months from the date of the receipt of this order and
E   make payment to such of those who are found eligible. As to 576 persons
    whose claims were found to be eligible, but have not come forward to receive
    compensation, the District Collector is directed to issue notice to them
    within one month of receipt of this order and make payment after verifying
    that are genuine persons eligible to receive the compensation. [37·A, D & El

F           CIVIL APPELLATE JURISDICTION: Writ Petition (C) No. 50 of
    1993.
            (Under Article 32 of the Constitution of India).

            K.G. Bhagat, Kamal Baid and Ms. K. Choudhary for the Petitioner.
G
            AK. Srivastava for the Respondents.

            The following Order of the Court was delivered :

          Affidavits have been filed on behalf of the District Collectors of
H   Uttarkashi and Tehri Garwal. As regards the claimants in Uttarkashi
                                          36
                  BHUKAMPPIDIT ANDOLAN v. STATEOFU.P.                           37
f·
     District, it was ultimately found that only four persons are eligible. Claim     A
     of 13 persons have been rejected on the ground either that Karla of the
     joint family has been paid and houses have already been rebuilt or claim
     have already been settled. Under these circumstances, so far as Uttarkashi
     is concerned, there are no eligible earthquake victims left out.

            With regard to the Tehri District, the Collector has given the details.   B
     Names of 6978 have been received. Out of them they verified 6071. 907 are
     pending verification and compensation has already been received by 1500
     people. 3844 were found to be not eligible. 576 people though found
     eligible, have not come forward to receive compensation. Therefore, they
     have not been paid. 151 claimants were minor and, therefore, they are not        C
     entitled to the payment of compensation.

            In view of these facts, we do not think that any further purpose will
     be served in keeping the matter pending since substantially required work
     has been done by the District Collector of Tehri. However, with regard to
     the pending 907 claims for verification, the District Collector is directed to   D
     have them verified within a period of two months from the date of the
     receipt of this order and make payment to such of those who are found
     eligible. As to 576 persons whose claims were found to be eligible, the
     District Collector is directed to issue notice to them within one month of
     receipt of this order and make payment after verifying that they are genuine     E
     persons eligible to receive the compensation. This verification may be got
     done in the presence of the patwari of the village concerned.

           The writ petition is accordingly disposed of. No costs.

     T.N.A.                                                  Petition disposed of.

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