Mehandi Hasan v. District Magistrate, North-East Delhi & Anr.

VERSUS

GOVT.

OF NCT OF DELHI & ORS...... Respondent Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates + W.P.(C) 9431/2020 MD SHAHABAJ & ORS...... Petitioners Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOVERNMENT OF NCT OF DELHI & ORS...... Respondent Through: Mr. Ajay Kumar Pandey, Senior Panel Counsel of UOI + W.P.(C) 549/2021 SHAH NAWAZ..... Petitioner Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms. Harshita Singhal, Advocates. 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters versus GOVT.

OF NCT OF DELHI & ORS...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates + W.P.(C) 1245/2021 & CM APPL. 3473/2021 ASIF AHMED..... Petitioner Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOVERNMENT OF NCT OF DELHI & ORS...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates. Mr. Kirtiman Singh, CGSC with Mr. Durgesh Nandini & Mr. Yash Upadhyay, Advocates for UOI. + W.P.(C) 1510/2021 & CM APPL. 4329/2021 MOHD RIZWAN & ANR...... Petitioners Through: Mrs. Suroor Mander, Mr. Imroz Alam, Miss. Vasudha Singh, Miss. Shivangi Sharma, Advocates (Mob. No. 7697850351)

VERSUS

DISTRICT MAGISTRATE NORTH EAST DELHI & ANR...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates + W.P.(C) 2244/2021 & CM APPL. 6496/2021 MD ISLAM..... Petitioner Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOVERNMENT OF NCT OF DELHI & ORS...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters Vibhu, Advocates Mr. Sushil Kumar Pandey, Advocate for UOI (Mob. No. 9873588234) + W.P.(C) 2828/2021 MUKEEM..... Petitioner Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates.

VERSUS

GOVT.

OF NCT OF DELHI & ORS...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates + W.P.(C) 2931/2021 SAGIR & ORS...... Petitioners Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates versus GOVT.

OF NCT OF DELHI & ORS...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates + W.P.(C) 4146/2021 & CM APPL. 12603/2021 SAYEED AHMAD KHAN..... Petitioner Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOVERNMENT OF NCT OF DELHI AND ORS..... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates. Mr. Niraj Kumar, Sr. Central Govt. Counsel for R-2. + W.P.(C) 660/2021 & CM APPL. 1611/2021 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters KESAR & ANR...... Petitioners Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688) Ms. Hetu Arora Sethi, ASC, GNCTD with Ms Kavita Nailwal, Adv. for GNCTD.

VERSUS

GOVERNMENT OF NCT OF DELHI & ORS...... Respondents Through: Ms. Monika Arora, Mr. Yash Tyagi, Advocates + W.P.(C) 2241/2021 & CM APPL. 6488/2021 SATISH MEHTO..... Petitioner Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOVERNMENT OF NCT OF DELHI & ORS...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates + W.P.(C) 2272/2021 & CM APPL. 6600/2021 AFSHANA & ANR...... Petitioners Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOVERNMENT OF NCT OF DELHI & ORS...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates + W.P.(C) 2791/2021 RAM SUGARAT & ORS...... Petitioners Through: Ms. Karuna Nundy, Advocate.

VERSUS

GOVT.

OF NCT OF DELHI THROUGH CHIEF SECRETARY & ORS...... Respondents 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates + W.P.(C) 2822/2021 & CM APPL. 8508/2021 SHABNAM..... Petitioner Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOVERNMENT OF NCT OF DELHI AND ORS...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates. Mr Sanjeev Sabharwal, Advocate (Mob. No. 9810031680) + W.P.(C) 4283/2021 & CM APPL. 13035/2021 SAKINA..... Petitioner Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOV.

OF NCT OF DELHI AND ORS..... Respondents Through: Mr. Rishikesh Kumar, ASC, GNCTD with Ms. Sheenu Priya, Mr. Aditiya Raj, Mr. Mohd Zaid, Mr. Sudhir, Advocates for GNCTD. + W.P.(C) 4448/2021 & CM APPL. 13556/2021 NOOR JAHAN ANSARI..... Petitioner Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOVERNMENT OF NCT OF DELHI AND ORS..... Respondents Through: Mr. Rishikesh Kumar, ASC, GNCTD with Ms. Sheenu Priya, Mr. 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters Aditiya Raj, Mr. Mohd Zaid, Mr. Sudhir, Advocates for GNCTD. + W.P.(C) 4957/2021 SHAHZAD HUSSAIN..... Petitioner Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOVERNMENT OF NCT OF DELHI AND ORS..... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates + W.P.(C) 4986/2021 & CM APPL. 15285/2021 RIYAZ AHMED MANSOORI..... Petitioner Through: Ms. Kawalpreet Kaur, Ms. Sumayya Khatoon, Mr. Umesh Kumar, Advocates (Mob. No. 8287908688)

VERSUS

GOVERNMENT OF NCT OF DELHI AND ORS..... Respondents Through: Ms. Arushi Gupta on behalf of Mr. Jawahar Raja, ASC, GNCTD (Mob. No. 9811462308) Mr. Farman Ali, Ms Usha Jamnal, Mr.Krishan Kumar, Advocates for UOI. + W.P.(C) 5837/2021 & CM APPL. 18291/2021 MOHD AYYUB..... Petitioner Through: Mrs. Suroor Mander, Mr. Imroz Alam, Miss. Vasudha Singh, Miss. Shivangi Sharma, Advocates (Mob. No. 7697850351)

VERSUS

SDM KARAWAL NAGAR & ANR...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters + W.P.(C) 9313/2021 & CM APPL. 28942/2021 MOHD GULVEZ & ANR...... Petitioner Through: Mrs. Suroor Mander, Mr. Imroz Alam, Miss. Vasudha Singh, Miss. Shivangi Sharma, Advocates (Mob. No. 7697850351)

VERSUS

DISTRICT MAGISTRATE NORTH EAST DELHI & ANR...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates + W.P.(C) 11207/2021 MOHD GUL HASAN..... Petitioner Through: Mrs. Suroor Mander, Mr. Imroz Alam, Miss. Vasudha Singh, Miss. Shivangi Sharma, Advocates (Mob. No. 7697850351)

VERSUS

SUB DIVISIONAL MAGISTRATE KARAWAL NAGAR & ANR...... Respondents Through: Mr Satyakam, Additional Standing Counsel with Ms Pallavii Singh Advocate (Mob. No. 9643238429) + W.P.(C) 11208/2021 & CM APPL. 34509/2021 MOHD NASIM..... Petitioner Through: Mrs. Suroor Mander, Mr. Imroz Alam, Miss Vasudha Singh, Miss. Shivangi Sharma, Advocates (Mob. No. 7697850351)

VERSUS

SDM KARAWAL NAGAR & ANR...... Respondents Through: Mr Satyakam, Additional Standing Counsel with Ms Pallavii Singh Advocate (Mob. No. 9643238429) 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters + W.P.(C) 11483/2021 & CM APPL. 35387/2021 FAHEEM AKHTAR..... Petitioner Through: Mrs. Suroor Mander, Mr. Imroz Alam, Miss Vasudha Singh, Miss. Shivangi Sharma, Advocates (Mob. No. 7697850351)

VERSUS

SUB DIVISIONAL MAGISTRATE SHAHDARA & ANR...... Respondents Through: Mr Satyakam, Additional Standing Counsel with Ms Pallavii Singh Advocate (Mob. No. 9643238429) + W.P.(C) 13238/2022 KHALIL AHMAD..... Petitioner Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates versus GNCTD & ORS...... Respondents Through: Mr. Rishikesh Kumar, ASC, GNCTD with Ms. Sheenu Priya, Mr. Aditiya Raj, Mr. Mohd Zaid, Mr. Sudhir, Advocates for GNCTD. + W.P.(C) 17622/2022 MOHD. SAMEER..... Petitioner Through: Ms. Mishika Singh, Ms Aanchal Tikmani, Mr Subham K Jain & Ms Harshita Singhal, Advocates (M-

9810187140)

VERSUS

GNCTD, DEPARTMENT OF REVENUE & ORS...... Respondents Through: Mr. Sameer Vashisht with Mr. Parth Vibhu, Advocates 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.

2. All these petitions relate to the unfortunate North-East Delhi riots where compensation has been sought by several victims of the riots. The compensation ranges from damage caused to life, physical injuries and property. Various charts have been placed on record from both sides giving the details of the actual compensation which has been awarded and the compensation, which the Petitioners are entitled to and are seeking before this Court. Some of the petitions rely on the ex-gratia amounts announced by the GNCTD and release of the same. Some petitions challenge the amounts fixed in the ex-gratia scheme as being insufficient owing to the enormity of the damage caused.

3. It is necessary to note that when the unfortunate North-East riots took place, the Delhi High Court had, vide its letter dated 18th March, 2020, issued by the worthy Registrar General, communicated to the Special Secretary (Home), GNCTD that Hon’ble the Chief Justice has appointed a Claims Commissioner to investigate the damages and to award suitable compensation to those affected by the riots that took place in North-East Delhi. Order/notification dated 18th March, 2020 “… I have been directed to inform you that Hon’ble the Chief Justice has been pleased to appoint Mr. Justice Sunil Gaur (Retd.) as ‘Claims Commissioner’ in terms of the law laid down by the Hon’ble Supreme Court in 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters the case of Destruction of Public & Private Properties Vs. State of Andhra Pradesh and Ors. (2009) 5 SCC 2012. The duration of the Commission shall, initially, be for a period of six months, subject to further extension, if found necessary.

4. This was followed by the order dated 13th April, 2020 issued by the GNCTD, with the approval of Hon’ble Lt. Governor, Delhi, with the following mandate for the said Commissioner: Hon’ble Chief Justice, Delhi High Court has been pleased to appoint Mr. Justice Sunil Gaur (Retd.) as “Claims Commissioner” to investigate the damages and to award compensation relating to the riots that took place in North East District for period of six months, subject to further extension if necessary … xxx xxx xxx This issues with the approval of Hon’ble Lt. Governor, Delhi.

5. The appointment of the Claims Commissioner and the guidelines under the Claims Commissioner is to function have been in terms of the judgment of the Supreme Court in Destruction of Public & Private Properties Vs. State of Andhra Pradesh and Ors. (2009) 5 SCC 2012. The relevant extract of the said judgment are extracted as under:

15. In the absence of legislation the following guidelines are to be adopted to assess damages:

(I) Wherever a mass destruction to property takes place due to protests or thereof, the High Court may issue suo motu action and set up a machinery to investigate the damage caused and to award compensation related thereto.

(II) Where there is more than one state involved, such action may be taken by the Supreme Court. 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters

(III) In each case, the High Court or Supreme

Court, as the case may be, appoint a sitting or retired High Court judge or a sitting or retired District judge as a Claims Commissioner to estimate the damages and investigate liability.

(IV) An Assessor may be appointed to assist the

(V) The Claims Commissioner and the Assessor may seek instructions from the High Court or Supreme Court as the case may be, to summon the existing video or other recordings from private and public sources to pinpoint the damage and establish nexus with the perpetrators of the damage.

(VI) The principles of absolute liability shall apply once the nexus with the event that precipitated the damage is established.

(VII) The liability will be borne by the actual perpetrators of the crime as well as organisers of the event giving rise to the liability - to be shared, as finally determined by the High Court or Supreme Court as the case may be.

(VIII) Exemplary damages may be awarded to an extent not greater than twice the amount of the damages liable to be paid.

(IX) Damages shall be assessed for:

(c) damages causing injury or death to a person or persons;

(d) Cost of the actions by the authorities and police to take preventive and other actions

(X) The Claims Commissioner will make a report to the

16. The recommendations of Justice K.T. Thomas Committee and Mr. F.S. Nariman Committees above which have the approval of this Court shall immediately became operative. They shall be operative 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters as guidelines.

6. As can be seen from the above extracts, the Claims Commissioner is mandated to investigate the damages and award compensation relating to riots.

7. It is submitted by the ld. Counsel for the Petitioners that the office of the Claims Commissioner has already conducted some surveys in some of the matters and amounts have been awarded. However the same are much below the amount which is fixed as per the Delhi Government’s own scheme dated 5th March, 2020 are being awarded by the Commissioner. The Delhi Government had on 5th March, 2020, fixed an ex gratia relief to all the riot victims in the following categories:

I. Fire and other Accidents (caused by individual or natural calamities): a. Death (Major): Rs. 10,00,000/- in each case ( 1 lakh ex-gratia shall be given to the family immediately and 9 lakh after documentation process is completed and approvals obtained.) b. Death (Minor): Rs. 5,00,000/- in each case c. Permanent Incapacitation: Rs. 5,00,000/- in each case d. Serious injury: Rs. 2,00,000/- in each case e. Minor Injury: Rs. 20,000/- in each case f. Orphaned Children: Rs. 3,00,000/- in each case

II. Bomb Blasts, Communal Riots & Other Riots, Terrorist Attacks: a. Death (Minor): Rs. 10,00,000/- in each cases lakh ex-gratia shall be given to the family immediately and 9 lakh after documentation process is completed and approvals obtained.) b. Death (Minor): Rs. 5,00,000/- in each case c. Permanent Incapacitation: Rs. 5,00,000/- in each case d. Serious injury: Rs. 2,00,000/- in each case e. Minor Injury: Rs. 20,000/- in each case f. Orphaned Children: Rs. 3,00,000/- in each case

III. Loss of Moveable Property (in riots): a. Animal (source of income/livelihood): Rs. 5,000/- each 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters i. Farm Animal: Cows, buffaloes, Sheeps, ii. Cart Animal: Horses, Oxen, Camel. b. Normal Rickshaw: Rs. 25,000/- each c. E-Rikshaw/ E-Scooty: Rs. 25,000/- each

IV. Damage to residential unit (In riots/fire/natural calamities/ (other than Jhuggies):

1. Each floor shall be considered as a different residential unit and the relief amount be disbursed as follows: a. Total Damages: Rs. 5,00,000/- (Rs. 4 lakh for damage to structure shall be divided among the owner(s) of the floor and Rs.[1] lakh for loss of household items shall be divided among occupant(s)/tenants(s) of that floor: b. Substantial Damage: Rs. 2,50,000/- (Rs. 2 Lakh for damage to structure shall be divided among the owner(s) of the floor and Rs. 50,000/- lakh for loss of household items shall be divided among occupants(s)/ tenant(s) of that floor. c. Minor Damage: Rs. 25,000/-

2. An immediate relief of Rs. 25000/- will be released for each floor for loss of household items. This amount shall be divided among occupants(s)/tenant(s) and shall be adjusted from the final ex-grant compensation amount arrived at after due diligence by the authorized officer and approval of the competent authority.

3. In case of riots, for tenant(s)/house owner(s) who have loss household goods not through fire but through looting/ theft compensation of Rs. 1 lakh per residential unit for complete looting/theft and Rs. 50,000/- for partial looting/theft shall provided. However, in all such cases, furnishing of copy of FIR shall be mandatory.

V. Damage to Schools during riots:a. Schools with enrolment upto 1000 students Rs. 5,00,000/b. Schools with enrolment more than 1000 students Rs. 10,00,000/-

VI. Damage to uninsured commercial property/ commercial articles (in riots/fire/natural calamities/ (other than Jhuggies) 50 % of the loss up to a maximum of Rs. 5,00,000/- This category shall also include cases of looting/theft/loss of articles in a uninured Commercial property. However, in all such cases, furnishing of 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters copy of FIR shall be mandatory. Relief in case of damage to jhuggies (in case of riots/fire/etc.) shall be provided as per cabinet decision no. 2295 dated 24.02.2016 and order no. F.1(87)/Relief/Building Collapse/2010/3589-97 dated 20.10.2016.”

8. Considering these facts and the present situation wherein most of the Petitioners are persons with various financial constraints and have also suffered personal tragedy, the Claims Commissioner ought to proceed expeditiously in these matters.

9. Before proceeding to hear these petition, it is deemed appropriate to call for a report from the office of the Claims Commissioner as to the details of all the claims which have been received and the amounts disbursed, if any. The Secretary of the Claims Commission shall also place on record the procedure followed by the Commission in processing of claims and the award of compensation.

10. Let the status report be brought on record by the Secretary, North-East Delhi Riots Claims Commission (NEDRCC) within a period of four weeks. The said status report shall necessarily give 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.

11. The worthy Registrar General of this Court shall intimate the 2023:DHC:2029 W.P.(C) 6043/2022 & connected matters Secretary of the Commission of this order so that the report is received by the next date of hearing. The electronic copy of the petitions and annexures filed with the petitions shall also be communicated to the Secretary of the Commission, to facilitate the timely preparation of the status report.

12. In the meantime, in W.P.(C) 17622/2022, titled Mohd. Sameer v. GNCTD, Department of Revenue & Ors., considering the submissions of the Petitioner that the Petitioner’s son has been permanently incapacitated, let the copy of the petition be also communicated to the office of the Claims Commissioner within a period of two days. Upon which, the said matter shall also be processed and a status report shall be filed in respect thereof.

13. List these matters on 28th April, 2023 on top of the board.

PRATHIBA M. SINGH JUDGE MARCH 20, 2023 Rahul/AM