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Victims have right to compensation, says HC

Petitioner Danabhai Jemalbhai Parmar returned compensation of Rs 61,900 as he was dissatisfied with the way the amount of compensation was fixed

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The Gujarat High Court, while rejecting the petition of 2015 flood victims, said that those affected by floods still have the right to compensation and ordered the state government to pay compensation as per the relief policy.

The first division bench of Chief Justice R Subhash Reddy and Justice Vipul Pancoli, while rejecting petition of Danabhai Parmar, observed, "Rejecting petition does not mean that flood affected victims have lost their right to compensation. If any flood victim, who has not availed the compensation, approaches the administration, the same should be entertained, and as per the relief policy they should be paid compensation."

The petitioner is a resident of Dod village in Tharad Taluka which saw heavy rainfall in 2015. The floods severely damaged houses, crops, and livestock. The state government carried out a damage survey and released compensation. Aggrieved with the amount, a public interest litigation was moved in 2016.

Petitioner Danabhai Jemalbhai Parmar returned compensation of Rs 61,900 as he was dissatisfied with the way the amount of compensation was fixed.

The petitioner's advocate Mahendra Vora said that the survey conducted by the district administration does not cite the real losses suffered by the flood victims.

While villagers have suffered more than 50 to 60 per cent damage, the survey shows barely 15 to 20 per cent damage and the compensation amount is fixed accordingly, which is meagre compared to the real losses suffered by flood victims. The petition prays that the court should direct the district administration and the state to conduct another survey and calculate the damage and losses.

PAYMENT FOR LOSSES

  • In 2016, the Assistant Government Pleader submitted 748 claims from the village. Of those, 449 claims were accepted and 299 claims were rejected. The government said efforts were being made to disburse the amount properly.
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