VANRAJSINH HARISHCHANDRA ZALA Vs. TALUKA DEVELOPMENT OFFICER

JUDGEMENT

(1.) THE petitioner's house was damaged during the earthquake of January 2001. Considering the large scale damage to large number of properties, State Government had formulated a scheme for giving assistance to the victim whose properties were damaged during such earthquake. Petitioner applied for such relief. Surveyor team carried out the survey, placed the area under G-4/B category. Second survey was however, subsequently carried out during which the property was put in category of G-4. It is the case of the petitioner that relief of Rs.90,000/- accordingly was sanctioned. Respondents however, released only Rs. 35,000/-. THE petitioner had therefore, approached Lokpal appointed under the decision of this Court in case of Bipinchandra J. Diwan and others v. State of Gujarat and others reported in AIR 2002 Gujarat 99. Lokpal had also accepted the petitioner's request and held him entitled to relief of Rs.90,000/- vide order dated 16.9.2002. This was not paid. THE petitioner is therefore, before this Court.

(2.) COUNSEL for the petitioner submitted that the order of Lokpal was never challenged by the respondents. Even surveyor assessed the damage at Rs.90,000/-. Withholding rest of the amount was therefore, illegal.

(3.) COMING to the question of relief paid to the petitioner, Government Resolution dated 23.2.2001 clearly provided for relief upto maximum of Rs. 30,000/- in case of partial damage to the property where area of construction does not exceed 45 sq. mtrs. Case of the petitioner was thus covered by the said resolution. Admittedly, entire house was not demolished or pulled down. No further relief can be released in favour of the petitioner. Petition is therefore, dismissed. Rule is discharged.