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Since all the above writ Petitions arise out of the common cause, hence they are being disposed of together.
Heard Sri Adarsh Mehrotra, learned Counsel appearing for the Petitioner, Sri Ashok Bhatnagar as well as Sri Umesh Chand Verma for the State and Sri Kuldeep Singh Sethi in person as intervener.
The matter pertains to grant of compensation to the victims of 1984 Sikh riot. The grievance which emerges out from the argument and pleadings of the parties is to the effect that either no compensation has been paid to certain riot victims or the same has been paid inadequately.
Whether the compensation justifies the loss incurred by the parties or it being in-adquate, is the matter of inquiry which cannot be decided under Article 226 of the Constitution but definitely this Court has to see that riot victims of 1984 riot are adequately compensated, in view of the loss incurred by them during riots. Sri Sethi appearing in person has placed before the court the Government Order of Central Government issued by Sri Indra Bhushan Karn Director Delhi dated 16.1.2006 and other government orders which justify and indicate that efforts are being made for providing adequate compensation by the said Director to the victim of riot. It cannot be also over looked that several persons suffered during the riot of 1984, upon which various Commissions have been appointed who had submitted their reports but the said riot victims have not yet been compensated and if compensation is paid i.e very meager or not adequately assessed with respect to the loss incurred by the Sikhs during the said riot.
Accordingly, we direct the State Government, Commissioner/District Magistrate Lucknow, Commissioner/District Magistrate Kanpur to assess the loss incurred by the Sikh victims during the riot of 1984 on the basis of affidavits and evidence supplied by them, if it is in their possession and pay the said compensation to them taking into consideration various government orders issued from time to time by the State Government as well as Central Government. Such victims shall also be paid compensation if not yet been paid within a period of six months from the date of receipt of copy of this judgment and order. It is also clarified that the persons who have been already compensated but not adequately as per the submission of the learned Counsel for Petitioner, their matter shall also be considered in the light of the Government Orders issued by the Central Government.
In the light of above directions all the above writ Petitions are finally disposed off. It is further directed that the State Government shall notify in the news papers having wide circulation and invite applications from such victims with respect to the above compensation and shall dispose of the matter with respect to grant of compensation to the riot victims within the aforesaid period. All necessary formalities which is to be adopted by the State Government shall be done within a period of one month from today.