Bhukamp
Pidit Andolan Vs. State of U.P. & Anr [1995] INSC 261 (8 May 1995)
Ramaswamy,
K. Ramaswamy, K. Hansaria B.L. (J)
CITATION:
1995 SCALE (3)679
ACT:
HEAD NOTE:
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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