Make Efforts To Pay Additional ₹20 Lakhs Compensation To Families Of Those Who Died Due To Manual Scavenging: High Court To Delhi Govt

The Delhi High Court has asked the Delhi Government to make efforts to pay the additional compensation of Rs. 20 lakhs to the kin of those who have died due to manual scavenging, in terms of a last year ruling of the Supreme Court.

“This Court expects that the State will endeavour to pay the balance of Rs.20 lakh to all similarly placed persons instead of forcing the family members of persons who have lost their lives in manual scavenging to approach this Court by filing writ petitions,” Justice Subramonium Prasad said.

The court was dealing with a plea moved by various widows seeking a direction on the Delhi Government to pay Rs.20 lakh to them, in terms of the judgment passed by the Supreme Court in Balram Singh v. Union of India.

The Supreme Court had directed that the compensation in cases of sewer deaths must be increased to Rs.30 lakhs. In cases of permanent disablement arising from sewer operations, it had directed the increase of compensation to Rs. 20 lakhs and not less than Rs 10 lakhs for other forms of disablement.

It was the widows' case that the Delhi Government had had given Rs. 10 lakhs to them and other similarly situated persons but they were also entitled to the balance payment of Rs. 20 lakhs as per the Supreme Court's directive.

Allowing the plea, the court said that when a person approaches a court and gets a declaration of law in his favour, it is expected that the State shall extend the same benefit to all the similarly situated persons without forcing those persons to approach the court of law.

It added that the widows ought to have been granted the same benefit of additional Rs. 20 lakhs payment in terms of the Apex Court judgment.

Thus, the court directed the Delhi Government to pay the balance amount to the widows within six weeks and to try to pay the same to all similarly placed persons.

Counsel for Petitioners: Mr. Pawan Reley, Mr. Akshay Lodhi, Mr. Sajal Awasthi and Ms. Simran Singh, Advocates

Counsel for Respondents: Ms. Nidhi Banga, Sr. Panel Counsel with Mr. Kanishk, GP and Mr. Nishant Kumar, Advocate for R-1; Mr. Satyakam, ASC for GNCTD with Mr. Pradyut Kashyap, Advocate; Ms. Sangeeta Bharti, Standing Counsel with Ms. Malvi Balyan and Ms. Aarushi Behl, Advocates for R-3; Ms. Divya Swamy, Standing Counsel for MCD with Mr. Yagyawalkya Singh and Ms. Akriti Singh, Advocates for R-4 and 5; Mr. Raghuvinder Varma, ASC for NDMC

Title: SMT. MAYA KAUR & ORS. v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 140

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