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Gujarat contemplating Odisha-like restoration policy

After SC refuses to stay Gujarat HC verdict, state govt says it will frame policy on repair of damaged shrines.

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The Gujarat government has suffered a jolt with the rejection of its plea by the Supreme Court for staying a Gujarat high court order asking the Modi government to repair at least 500 shrines that were damaged during the 2002 bloody violence and pay compensation as well.

However, the top court agreed to examine whether a court can direct a state to pay compensation to the persons or institutions on a law suit filed by an NGO or a third party.

In another development, Gujarat government on Monday told a bench of justices KS Radhakrishnan and Dipak Misra that it is contemplating framing a policy regarding repair of damaged shrines on the lines of a scheme formulated by the Odisha government on the apex court's directions.

Deferring the hearing till August 14, the top court said it can’t upset the HC’s direction regarding repair of the damaged shrines and compensation to the aggrieved managements even though the state’s lawyer had stressed that stay against this mandate is necessary in view of mounting applications being made before the inquiry commission and other courts.

In its February 8 judgment on a law suit filed by an NGO, Islamic Relief Committee of Gujarat (IRCG), seeking repairs of the riot damaged shrines and compensation to the victims of the depredation, the Gujarat high court had asked the state government to pay for the damages to the 500-odd religious structures during the 2002 riots.

Gujarat government has raised two major objections against the HC judgment – indictment in the strongest possible terms and legality of court’s mandate.

Enlarging the scope of the forthcoming proceedings, the state said HC exceeded its powers and also beyond the constitutional mandate as under the principle of ‘constitutional tort’ State couldn’t be sued by third party or an NGO.

However, the Supreme Court has dealt with the Article 300 of the Constitution that says that a state of Union of India can be sued.
In a verdict relating to Nagendera Rao case, the court held that the State is liable vicariously for the negligence committed by its officers in discharge of public duty conferred on them.

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