Manoj Kumar Sharma v. District Magistrate North East Delhi & Anr.

4. The Delhi High Court had, pursuant to the above judgement, set up the North-East Delhi Riots Claims Commission (hereinafter ‘Claims Commission’) headed by the Justice Sunil Gaur (Retired). Vide letter dated 18th March, 2020, the worthy Registrar General of the Delhi High Court had communicated the decision of Hon’ble the Chief Justice of setting up the Claims Commission to the Chief Secretary, Government of National Capital Territory of Delhi (GNCTD). The said decision also received approval from the Hon’ble Lt. Governor on 13th April, 2020. The said Claim Commission’s mandate was to assess the damage cost and to determine the compensation. The Claims Commission over the last few years, appointed various Surveyors and had also received several claims. There are thus two sets of Claims which were then processed, one before the Claims Commissioner and one by the GNCTD independently.

5. The GNCTD had also announced its own scheme for victim compensation, Delhi Government’s Assistance Scheme, for the Help of Riot Victims. As per the said Scheme, lump sum amounts were to be paid on the basis of the nature and extent of damage caused.

6. The present batch of cases was listed before this Court on 20th March, 2023, and on the said date, this Court had called for a report from the Secretary of the office of the Claims Commission with the following details: • The number of claims received by the Commission; • The number of claims awarded and rejected along with copies of the orders; • In case lower compensation has been sanctioned than what was prayed for, reasons for the same; • The number of hearings conducted by the Commission; • The list of surveyors appointed by the Commission; • The number of claims assessed by each surveyor

7. The said report dated 27th April, 2023 was submitted by the Secretary of the Claims Commission on 28th April, 2023, when the matter was listed before this Court. Initially the said report was sent by email to the Court Master and the said report is now on record as well. On the said date, this Court also perused an affidavit, which was filed by one of the victims of the riots. The relevant extract of the said order is extracted as under:

7. According to ld. Counsel for the Petitioner, the victims have also received calls from the following numbers i.e. 9310557915, 9310557945 & 971671961[6], wherein the callers have stated that they are from the office of the surveyor associated with the Commission.”

8. Insofar as the claims before the Claim Commissioner are concerned, the Claims Commissioner has submitted two reports relating to 1528 claimants to the Hon’ble Chief Justice. The said reports are in a sealed cover and were marked by the Hon’ble Chief Justice, to the judicial side in terms of the judgment of the Supreme Court in In Re: Destruction of Public & Private Properties (supra) to a ld. Single Judge. On enquiry, from the Registry, this Court has been informed that the said case relating to the reports is now listed before Hon’ble Mr. Justice Anish Dayal for consideration on 22nd August, 2023.

9. Parallelly, these writ petitions have been filed and are in the following W.P.(C) 6338/2020 & connected matters four categories: i) Petitioners who challenge the GNCTD scheme on the ground that the amounts fixed therein do not compensate the loss suffered by the said victims. Thus, the scheme is violative of the victims’ rights. Such Petitioners may or may not have received some amounts of compensation from GNCTD. ii) The second category of petitions are of those claimants who have received some amount of compensation under the Scheme but are claiming higher amounts within the Scheme on the ground that the assessment has been incorrectly made; iii) Those Petitioners who have neither received any money from the GNCTD nor have filed claims before the Claims Commissioner but are seeking compensation; and iv) Those Petitioners whose claims have been filed before the Claims Commissioner but no amounts have been released by the Claims Commissioner.

10. Overall, the Petitioners before the Court are those claimants who are dissatisfied with the amounts determined or the amounts fixed under the Scheme. Several of the Petitioners are also aggrieved by the manner of functioning of the Claims Commission. There are various allegations made against the Claims Commission including that the victims are being contacted and are being coerced into accepting lesser claim amounts by the Assessors/Surveyors appointed by the Claims Commission. In addition, it is being argued that the Claims Commission has not not heard any of the victims and the basis of the fixation of the amounts by the Claims Commission has not been informed to the victims.

11. Mr. Dinesh Kumar who was directed to be present on behalf of the Claims Commission submits that the mandate of the Claims Commissioner had expired on 31st March, 2023. Thereafter, the question of the renewal of the mandate of the Claims Commission matter was pending and the said renewal has been granted only in July, 2023. Hence, there has been a hiatus in the functioning of the Claims Commission.

12. In the opinion of this Court, in deciding victims’ compensation cases relating to North-East Delhi Riots, it would be pragmatic for both sets of matters to be taken up together. The recommendations of the Claims Commissioner having been submitted to this Court are now pending consideration before a ld. Single Judge. In the opinion of this Court, all these matters in respect of enhancement, non-grant or challenge to the Scheme ought to be heard by the same Bench.

13. Accordingly, subject to the orders of Hon’ble the Chief Justice, list these matters, also for hearing before the Bench of Hon’ble Mr. Justice Anish Dayal before whom the Claims Commissioner’s report is stated to be pending consideration and is now listed on 22nd August, 2023.

14. List before the said Bench on 25th July, 2023.

15. These matters shall not be treated as part-heard.

16. Objections, if any, to the Claims Commissioner’s report may be filed by the claimants.

PRATHIBA M. SINGH JUDGE JULY 17, 2023 Rahul/AM