Authorize Thane collector to pay Rs 3 lakh to kin of four Opera House blast victims, Bombay high court tells Maharashtra govt

MUMBAI: The Bombay high court on Tuesday gave the state government two weeks to authorize the Thane district collector to pay compensation of Rs 3 lakh each under a central scheme to the dependents of four men killed in the 13/7 blast at Opera House in south Mumbai. The payment is to be made within four weeks thereafter.
The HC also said that it is a “fit case” for it to consider directing interest to be paid for the delay.
On July 13, 2011, three bombs exploded at Opera House, Zaveri Bazar and a bus stop in Dadar, claiming 27 lives. Mira Road residents Himmatbhai Gadiya and Bhupatbhai Navadiya, Baburam Das from Bhayander and Lalchand Ahuja from Ulhasnagar died in the blast at Opera House.
A division bench of Justice Abhay Oka and Justice A S Chandurkar passed the direction after hearing a public interest litigation by activist Prakash Sheth seeking immediate release of funds under the central scheme for assistance to civilian victims of terrorism/communalism/naxal violence to the kin of the four victims.
State pleader Samir Patil confirmed that compensation has not yet been released. The HC said under the central scheme, which was amended on June 29, 2012, powers were conferred on the district collector/ magistrate to sanction and issue cheques to the beneficiaries. They referred to letters from the Centre to the collector to release the payment and noted that only because no separate head for disbursal was created, the state withheld payment to the legal representatives.
Sheth’s petition followed a pending PIL by advocate Rajeshwar Panchal stating that the compensation for terror victims is meagre. The HC said while the concept in the mind of the state seems that it wants to help, it has to be in discharge of its obligation under Article 21 (Right to Life) of the Constitution. “But the approach of the government seems to be different. That the payment to be made is in the nature of ex gratia, and not compensation,” said Justice Oka.
The HC also directed the state to reply if similar compensation to be paid to the kin of other terror attack victims under the central scheme is pending only on the grounds that the collector doesn’t have the authority and, if so, to clear them.