Research › Search › Judgment

J&K High Court · body

2020 DIGILAW 398 (JK)

Ghar Singh v. Union of India

2020-08-18

VINOD CHATTERJI KOUL

body2020
ORDER The petitioner is seeking direction to the respondents for grant of compensation to the tune of Rs. 20.00 Lakhs on the plea that he has received grievous nature of injuries resulting in amputation of both his legs below the knee due to mine blast installed by the Army in the year 1971 during the period of war. 2. The petitioner states that he is owner and in possession of land measuring 5 kanals situated at Tehsil R.S. Pura, District Jammu and being a farmer had been cultivating his land to earn livelihood for himself and his family. It is stated that in the year 1971 during the war, mines were laid by the Army in a piece of land belonging to the petitioner in order to prevent the enemies from entering into the Indian territory. The army removed mines after the war was over, but some mines which could not be detected, remained in the land. The petitioner during cultivation of his land came in contact with a land mine which exploded and the he suffered grievous injuries resulting into amputation of both his legs below knee. He has become crippled, unable to perform his work and is unable to earn livelihood for himself and his family. It is stated that the petitioner approached the respondents for grant of compensation. He filed number of representations but no compensation has been paid to him. It is stated that the Government of India vide Order No. 21(12)/2006 dated 16th January, 2003 conveyed the approval of the Government for grant of compensation to the victims who had suffered injuries due to landmine blasts. 3. It is stated that the petitioner approached the respondent No. 6, i.e., Sub Divisional Magistrate, R.S. Pura, Jammu for grant of compensation, who sought report from the Tehsildar concerned to verify the reasons of suffering the disability by the petitioner, who submitted his report. It is stated that the petitioner has also approached the Commanding Officer of the concerned area who directed the respondent No. 5 to investigate the matter. It is stated that a detailed report in favour of the petitioner was forwarded by the Tehsildar to the respondent No. 4, i.e., Deputy Commissioner, Jammu. It is stated that the petitioner has also approached the Commanding Officer of the concerned area who directed the respondent No. 5 to investigate the matter. It is stated that a detailed report in favour of the petitioner was forwarded by the Tehsildar to the respondent No. 4, i.e., Deputy Commissioner, Jammu. The petitioner’s grievance is that despite being eligible for grant of compensation in terms of the guidelines dated 16.01.2003 the respondents have failed to comply with the said guidelines and did not pay compensation to him. 4. On 24.08.2018, notice was issued to the respondents and Mr. Eishaan Dadhichi, CGSC accepted notice and sought time to file objections, but till date objections have not been filed. Today, Mr. Vishal Sharma, learned ASGI appeared for the respondents Nos. 1 to 3 and submitted that the Government of India has provided guidelines for considering and grant of compensation of such victims. He submitted that as per the guidelines, the Deputy Commissioner has to initiate the investigation and constitute a board of officers not below the rank of Sub Divisional Magistrate and one representative from the Army to ascertain the cause of injury. 5. The case of the petitioner is that he has approached not only the Sub Divisional Magistrate, but also the Commanding Officer under whose jurisdiction the occurrence took place, who vide letter dated 14th January, 2012, Annexure-“C” with the writ petition, requested the respondent No. 5 to investigate the matter and take necessary action. It is stated that despite detailed report dated 20.11.2012 issued by the Tehsildar forwarded to the respondent No. 4 no compensation has been released in favour of the petitioner till date. 6. Mr. Vishal Sharma, learned ASGI appearing for respondent Nos. 1 to 3 and Mr. S.S. Nanda, learned Sr. AAG for respondent Nos. 4 to 6 submit that this writ petition can be disposed of at this stage with the direction to the Deputy Commissioner Jammu to convene a board of officers to investigate the accident in question and cause of injury to the petitioner as per the guidelines and the board will furnish the report to the Union of India and Union of India upon receiving the report will immediately do the needful strictly in terms of the report. 7. 7. Learned counsel for the petitioner submits that he would be satisfied if this writ petition is disposed of with the said direction as submitted by learned counsel for the respondents. 8. Therefore, in view of the submissions made above by the learned counsel for the parties this writ petition is disposed of with the direction to the Deputy Commissioner, Jammu to constitute a board of officers consisting of an officer not below the rank of Sub-Divisional Magistrate and one representative from the Army to ascertain the cause of injury/casualty, within a period of week’s time from the date a copy of this order is served on respondent No. 4 and the board shall furnish the report within a period of two weeks thereafter. The said report be furnished to the Union of India. The Union of India upon receiving the report shall immediately do the needful strictly in terms of the report within a period of two weeks from the date of receipt of the report furnished by the board of officers. 9. Disposed of as above.