Process Even Offline Covid Ex-Gratia Applications, Make Ernest Endeavour To Assist: Bombay High Court To Maha Govt

A division bench of Chief Justice Dipankar Datta and Justice VG Bisht observed that the State must take earnest efforts to assist people in filing the applications online, however, if people were not in a position to do it, their plea shouldn't be kept pending on this ground alone.

"....We direct that applications for assistance which have not been filed online may also be processed by the State Government in the same manner as online applications are being processed for extending assistance to the next of kin of victims of SARSCoV-2 and earnest endeavour ought to be made to ensure that the requisite assistance reaches the applicants as early as possible, however, on compliance with all other formalities by them. No application, filed physically, may be kept aside on the ground that it has not been filed online."

The court was hearing a PIL filed by NGO Prameya Welfare Foundation seeking a payout for all eligible applicants even if the claims were filed physically or by post. The petitioners submitted there were glitches in the online portal and most of the claims were filed prior to setting up of the portal.

On Monday, the Government Pleader Purnima Kantharia informed the court that between the Collector's office in Mumbai and the suburbs they had received 114 applications. Of these, they had guided at least 56 applicants with the online process and requests were forwarded and are now pending before the civic body. Fourteen applicants were unreachable, she said.

The Chief Justice then asked, "Are you prepared to make a statement that merely because a person filed a physical application is won't be considered?"

Kantharia said she was not saying yes or no but read a few lines from Supreme Court's order regarding ex-gratia payment. "We are strictly following the guidelines and made portals as well. We are trying to contact them and helping them to file."

However, Advocate Sumedha Rao for the petitioners said not one of the 114 applicants said they were contacted. She also pointed out that according to the Supreme Court order, the State was supposed to declare compensation over and above the ex-gratia payment but it was not done.

The bench then granted interim relief and directed the State and Centre to respond to the PIL. The matter is now fixed for further hearing on February 14.