DB directs DC Srinagar to pay compensation to flood victim

Excelsior CorrespondentJAMMU, Nov 10: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed Deputy Commissioner Srinagar to pay compensation to a flood victim.The direction was issued in a petition filed by Syeda Begum, who submitted that her house at Ziyarat Batamallo suffered extensive damage during devastating floods of last year but she was denied ex-gratia and other benefits on the ground that her house remained locked from 1998 till date.After hearing both the sides, DB observed, �it is an admitted fact that the petitioner is the owner of the house�� and�� the�� house�� was�� fully�� damaged�� as certificate�� to�� that�� effect�� was�� issued�� by�� the�� Executive Engineer,�� R&B�� Construction�� Division-II,�� Srinagar stating that the house is not safe for any habitation�.�It is also an admitted fact that as per the flood relief�� scheme�� the�� fully�� damaged�� houses�� are�� to�� be�� paid Rs�� 75000�� as�� relief�� by�� the�� Government. It�� is�� not�� mentioned�� in�� the�� scheme�� that�� person concerned�� should�� be�� residing�� in�� the�� house.�� In�� the absence�� of�� any�� such�� prescription�� in�� the�� scheme,�� even assuming that the petitioner was not residing in the house for any reason, the respondents are not justified in not paying the relief of Rs 75000 for the fully damaged house�� of�� the�� petitioner�, the DB said, adding �the�� narrow�� interpretation attempted�� to�� be�� given�� by�� the�� respondents�� cannot�� be accepted� as the scheme� is framed� intending to give the benefit�� to�� the�� persons�� who�� suffered�� damage�� to�� their houses�� due�� to�� unprecedented�� floods�.With these observations, Division Bench set-aside the order dated June 15, 2015 with a direction to District Disaster Management Authority, Srinagar through its Chairperson Deputy Commissioner Srinagar to���� release�� the sanctioned�� amount�� of�� Rs�� 75,000���� in�� favour�� of�� the petitioner� within� a period� of two� weeks� from� the date� of receipt of copy of this order.