The Patna High Court has directed the Bihar Home Secretary to consider the plea to increase the compensation limit. | Techy Kings


The Patna High Court has directed the Bihar Principal Secretary (Home) to consider and dispose of the petitioner’s representation regarding the amendment of the resolution of the Home Department, Government of Bihar.

The petitioners have prayed for the following relief:
“That the present Public Interest Litigation has been filed to make necessary amendments to the Bihar Government Home Department Resolution No. 8960 dated 30.09.2013 whereby terrorism/communal/caste/election/communal violence resulting in houses / The maximum limit of compensation for destruction of shops is only Rs. 2.5 lakhs, in the light of the basic principles as suggested by the Nariman Committee in Writ Petition (CRL) No. 77/2007 “Government and Private Destruction of Property v. State of AP and others” and “State of Gujarat v. IRCG and Ors.” (Civil Appeal No. 3249/2016) 2018 (2013) SCC 687 which held that the property Any injury sustained shall be compensated by way of damages, with the court awarding damages to recover as much as possible from the injured party. , would have been in the same position as he would have been if he had not sustained the wrong for which he is now receiving compensation or compensation. Other relief or reliefs as the Hon’ble Court may deem fit in the facts and circumstances of the case. And will consider it appropriate.

State counsel Prabhat Kumar Verma opposed the petition saying that the petition is misconceived. raises controversial questions of fact; Not in public interest. And that the problem can be solved by the appropriate authorities at the local level.

After hearing the matter for some time, and the Division Bench of Chief Justice Sanjay Karol and Justice S Kumar disagreeing with the submissions made by the counsel for the petitioners, counsel directed that the petitioners be satisfied. If a direction is issued to the concerned authority to consider and decide the representation to be filed by the applicant within four weeks from today for redressal of the grievance(s).

Thus, the petition is disposed of on the following terms:-

“(a) the petitioners shall approach the concerned authority viz., respondent No. 2, viz., the Principal Secretary (Home Department, Bihar) by filing a representation for redressal of the grievance(s) within four weeks from today;
(b) the concerned authority shall consider and promptly dispose of the same by a reasoned and speaking order on each and every contention raised by the applicant in the application prior to its filing; To be raised within four months from the date. A copy of this order;
(c) The order to state reasons shall be communicated to the petitioners.
(d) need not add, in considering such representations, the principles of natural justice shall be followed and the parties shall be given a fair opportunity of being heard.
(e) Also, the parties shall be given an opportunity to place on record all relevant materials/documents.
(f) Equally, liberty is reserved to petitioners to resort to alternative remedies otherwise available under law.
(g) We hope that as and when the petitioners resort to such remedies, as are available in law, before the appropriate forum, they will be dealt with in accordance with law and with reasonable despatch.
(h) liberty is reserved to the petitioners to approach the appropriate forum/court, if the need arises later on in the same and subsequent proceedings;
(i) We express no opinion on the merits. All issues are left open; The petition is disposed of in the above terms.


Source link