MALEK BHATTI ANWARKHAN NASSEBKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred, inter-alia, with a prayer to direct the respondents to award compensation for the house of the petitioner that has been demolished in the earthquake that took place on 26.01.2001.

(2.) Briefly stated, case of the petitioner is that he is the owner of House No.2/111 situated at Village Padla, Taluka Sami, District Patan, and was residing in the said premises with his family members. The house of the petitioner was totally demolished in the earthquake, that took place on 26.01.2001, and the petitioner and his family were forced to live in the house of his father-in-law. The Government of Gujarat, through the Revenue Department, issued a Resolution dated 23.02.2001, containing a rehabilitation programme, with the object of alleviating the hardship of these affected people, whose houses and property had been demolished by the earthquake, and to enable them to reconstruct their houses. The rehabilitation programme was not by way of compensation for the losses undergone, but an effort to provide succour and assistance to the affected persons. The petitioner made an application for grant of relief to the Relief Commissioner on 21.06.2002, annexing therewith necessary documents relating to the proof of residence. According to the petitioner, his name was included in the list of persons for grant of assistance, at Serial No.21, and it was mentioned that a sum of Rs.71,400/- was intended to be paid to him. A copy of the said list has been annexed as Annexure RJ-IV colly. , and the name of the petitioner is to be found at running Page No.51 of that Annexure. The grievance of the petitioner is that nothing further has transpired and the petitioner has not been awarded any amount towards aid for reconstruction of his house, in accordance with Government Resolution dated 23.02.2001.

(3.) Earlier, the petitioner had filed a petition, which came to be rejected by order dated 18.02.2010. Aggrieved thereby, the petitioner filed Letters Patent Appeal No.496 of 2010. By order dated 14.05.2010, the matter has been remitted to this Court for decision. Accordingly, the parties have been heard and the petition is being finally decided.