LAWS(DLH)-2017-12-113

UNION OF INDIA Vs. DURLABH SINGH & ORS

Decided On December 01, 2017
UNION OF INDIA Appellant
V/S
Durlabh Singh And Ors Respondents

JUDGEMENT

(1.) These are two unfortunate cases, where the appellant/UOI has elected to assail a common judgment dated 22.04.2009, passed by the learned Single Judge in two petitions filed in the year 2008 by the respondents herein, both victims of the riots that had engulfed Delhi in the year 1984, in the wake of the assassination of the then Prime Minister of the country, praying inter alia that directions be issued to the appellant/UOI to release the compensation of Rs.50,000/- each in their favour, in terms of the Central Government policy published on 12.04.1985 and further, direct release of ex-gratia payment in terms of the policy announced by the Government of India, vide Notification dated 16.01.2006.

(2.) By the common judgment dated 22.04.2009, passed in W.P.(C) 5373/2008 and 5444/2008, the writ petitions filed by the respondents were partly allowed and directions were issued to the appellant/UOI to consider and verify the original documents filed by them and if they were found to be genuine and disclosed assessment of losses suffered in the year 1986, disburse the amounts in their favour as required under the Central Government's policy dated 16.01.2006, without in any manner feeling inhibited by the expression, 'paid' as used in para (vi) of the said document. Further, the appellant/UOI was directed not to deny the claims of the respondents only on the ground that they did not receive any ex-gratia payment, if their loss was otherwise assessed in any manner.

(3.) With the consent of the parties, LPA 227/2010 is being treated as the lead matter. As the facts of both the cases are similar, for the sake of convenience the facts of LPA 227/2010 are being noticed. This order shall govern both the appeals. Before dealing with the submissions made by Mr. Amit Mahajan, learned the counsel for the appellant/UOI, we may briefly allude to the facts of LPA 227/2010.