PRATAP SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner is resident of Village Parkhal, Patwari Circle Narayan Bagar, Tehsil Tharali, District Chamoli. By means of this writ petition, petitioner has sought the following substantive reliefs:-

(2.) According to the petitioner, his residential house, cowshed and also agricultural land was severely damaged due to landslide, which struck his village on 27/6/2013. Petitioner applied for compensation as per the applicable Policy. To substantiate his claim for compensation, petitioner relied upon a report submitted by Revenue Inspector, which is enclosed as Annexure 4 to the writ petition, in which it is mentioned that petitioner's immovable property suffered loss to the tune of Rs.4.00 lakh. The District Magistrate, Chamoli has rejected petitioner's claim for compensation vide order dtd. 22/3/2017, which is under challenge in this writ petition.

(3.) The impugned order is on record as Annexure 12 to the writ petition. The District Magistrate has disbelieved petitioner's stand that his property was severely damaged and has relied upon the report of Sub-Divisional Magistrate, Tharali for returning a finding that there is no sign of damage in the cowshed and there are some minor cracks in the double storied residential house belonging to the petitioner. In the impugned order, District Magistrate has observed that the report of Revenue Inspector, relied by the petitioner, is false and has been submitted in violation of the Conduct Rules, applicable to Government servant for which disciplinary proceedings is to be initiated against the concerned Revenue Inspector.