Hearing a PIL seeking ex-gratia of Rs 50,000 for families who lost their loved ones COVID-19 And long before the Maharashtra government opened a web portal for the same to apply for compensation either physically or by post, the Bombay High Court on Monday observed that “the state government should reach out to them as it is their right to receive compensation”. And the authorities cannot deprive the “qualification of the applicant of the same” on technical grounds.
After the counsel for the state government sought time to take directions in respect of about 56 claims submitted by the petitioner NGO, the court allowed it.
A division bench of Chief Justice Dipankar Dutta and Justice Makrand S Karnik was hearing a PIL filed by NGO Preyya Welfare Foundation, seeking compensation for all eligible applicants, irrespective of their claims in physical or by post. have been filed.
Petitioner’s counsel Sumedha Rao and Rumana Baghdadi informed the bench that as per the Supreme Court judgment, the National Disaster Management Authority (NDMA) had framed guidelines by which the dependents of COVID-19 victims would get an ex-gratia of Rs 50,000. State Governments, through the State Disaster Response Fund (SDRF).
In September last year, the central government told the Supreme Court that complaints regarding certification would be redressed as per the guidelines issued by the Union Ministry of Health and Family Welfare (MoHFW) and the Indian Council of Medical Research (ICMR).
Advocate Rao told the bench that the NGO had distributed the forms in several chawls and slum areas, following which around 56 poor families had filed claim applications before the city collector’s office, before the Maharashtra government called for claims. An online portal was launched late and payment in December last year.
Rao said that those who had lost their family members were very poor and had
Correct compensation was not received, and there were many technical glitches in uploading the form through the online portal, hence their claims should be given on the basis of the form submitted by them through physical mode.
The counsel for the Brihanmumbai Municipal Corporation (BMC) informed the bench that it had received around 34,159 applications for ex-gratia compensation, of which 16,818 have been approved so far.
Public prosecutor Purnima H Kantharia, appearing for the state government, submitted that the process was streamlined through online portal and the amount was paid directly into the account of the beneficiary, and hence the petitioner NGO would help people to submit their claims online. Can do.
The court, however, held that the state need not deny assistance to deserving applicants on technical grounds. CJ Dutta orally told the state, “The spirit of the SC order is that the administration should reach out to the families of persons who have died of Covid-19. Keep this in mind. Why do you have to be so technical (claims settled) while doing)? “
Justice Karnik further said, ‘The web portal is for your convenience. They have the right to get compensation. They cannot be denied just because they have physically filed a claim.”
After Kantharia sought time to take directions from the authorities concerned, the bench posted the matter for further hearing on Thursday, January 27.
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