Full Judgment Text
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PETITIONER:
BHUKAMP PIDIT ANDOLAN
Vs.
RESPONDENT:
STATE OF U.P. AND ANR.
DATE OF JUDGMENT08/05/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCALE (3)679
ACT:
HEADNOTE:
JUDGMENT:
Affidavits have been filed on behalf of the District
Collectors of Uttarkashi and Tehri Garwal. As regards the
claimants in Uttarkashi District.
It was ultimately found that only four persons are
eligible. Claim of 13 persons have been rejected on the
ground either that Karta of the joint family has been paid
and houses have already been rebuilt or claims 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. 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 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 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 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.
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