GAURAV KUMAR BANSAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Present application is preferred by the Union of India- Ministry of Home Affairs with the following prayers:-

(2.) Shri Tushar Mehta, learned Solicitor General has submitted that after the order was passed by this Court dtd. 30/6/2021 and other subsequent orders, the concerned States have received approximately 7,38,610 claims claiming ex-gratia compensation on the death of their family members, who are entitled to the same pursuant to the order passed by this Court dtd. 30/6/2021 and the subsequent orders. It is submitted that since the COVID-19 pandemic in the country has now subsided over the period of time since this Hon 'ble Court passed the order dtd. 30/6/2021 and the subsequent order dtd. 29/11/2021, by now, all genuine claimants must have approached the authorities by establishing their claims. It is submitted that therefore it is not desirable to continue the process of submitting/receiving the claims without any outer time limit. It is submitted that if no outer limit of time is fixed, in that case, there is a greater possibility of making false claims. Therefore, it is prayed to determine the deadline before which the claimants of persons who died due to COVID-19 can approach the authority making their claims.

(3.) Having heard Shri Mehta, learned Solicitor General on the request and the prayer made in the application and considering the fact that more than nine months have passed after the first judgment and order and thereafter four months have passed after the subsequent judgment and order dtd. 29/11/2021 passed by this Court and by now approximately 7,38,610 claims have been received by the concerned States, Shri Mehta, learned Solicitor General is right in submitting that by now all genuine claimants must have approached the authorities by establishing their claims. He is also right in apprehending that if there is no outer time limit fixed, then the process of receiving the claims would go endless and, in that case, there is all possibility of submitting false claims. However, at the same time, four weeks ' time suggested by Shri Mehta, learned Solicitor General is too short. The family would need some reasonable time to recover from the death and sorrow and filing the claim. Therefore, we deem it appropriate to fix the outer limit of sixty days from today to file the claims for compensation in case the death occurred due to COVID-19 prior to 20/3/2022. For future deaths, ninety days ' time is provided from the date of death due to COVID-19 to file the claim for compensation. The earlier order to process the claims and to make the actual payment of compensation within a period of thirty days from the date of receipt of claim is ordered to be continued.