Delhi High Court Directs Govt To Consider Compensation Claim Of 2020 Delhi Riots Victim Who Suffered Permanent Incapacitation

The petitioner, stated to be a victim of the communal riots that took place in North-east Delhi in February, 2020, had filed the petition averring that pursuant to a gunshot sustained during the riots, he had incurred permanent locomotor disability.

It was contended that under the Scheme formulated by the government to compensate victims of the riots, persons who suffered permanent incapacitation were entitled to ex-gratia compensation of Rs.5 lacs. Out of this amount, he had already been paid Rs.2 lacs and claimed the remaining sum.

In support, the petitioner relied on a disability certificate issued by the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice & Empowerment, Government of India.

Notably, the status report filed by the respondents mentioned that as per the Medical Board, there was a direct correlation between permanent incapacitation of the petitioner and the injury sustained by him during the North-east Delhi Riots.

However, as the claim application was filed beyond prescribed period, direction was required to take necessary action for release of enhanced ex-gratia compensation.

Observing that the only impediment to grant of compensation was belated filing of the petitioner’s application, the court directed the respondents to consider the same within a period of 6 weeks.

“In exercise of the powers conferred under Article 226 of the Constitution of India, this Court is inclined to relax the date of filing the application”, it said.

The matter is next listed for consideration on February 13, 2023.

Advocates Mishika Singh, Aanchal Tikmani and Subham Jain appeared for petitioner

ASC Sameer Vashisht appeared for GNCTD with Advocates Aman Singh Bhadoria, Vedansh Vashisht and Vanshay Kaul

Case Title: Mohd. Sameer v. GNCTD, Department of Revenue & Ors.