OMKAR NATH BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, claiming to be a permanent resident of Kashmir, forced to settle down in Delhi, has filed this writ petition seeking a mandamus to the respondents UOI and State of Jammu & Kashmir to settle his claim for ex gratia relief in respect of the destruction by burning of his house at Uttersso, Tehsil Shangas, District Anantnag Kashmir. Notice of the petition was issued and the pleadings have been completed. The counsels have been heard.

(2.) The destruction, by burning, of the house of the petitioner is not in dispute. However, while the petitioner claims that the house was burnt down by the terrorists, the respondents attribute the same to a fire caused by a electrical short circuit. The respondent No.2 State of Jammu & Kashmir in accordance with the Calamity Relief Fund has already disbursed an amount of Rs.25,000/- to the petitioner. The petitioner however relies on B.L. Wali Vs. UOI, 2004 115 DLT 639and on judgment dated 19.03.2008 in W.P.(C) No.10653/2006 titled Smt. Durgi Vs. The Resident Commissioner and claims that he is entitled to compensation in accordance therewith. Compensation in the said judgments for damage to immovable property owing to subversive activities was awarded in accordance with the policy therefor.

(3.) The question which thus arises for consideration is as to whether the destruction of the house of the petitioner was owing to the electrical short circuit or owing to subversive or terrorist act. The respondents plead that the writ petition is not maintainable for entailing adjudication of disputed questions of fact.