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HC Refuses to Order Rs. 1 Crore Compensation for Covid-19 Deaths

Case Law Details

TaxGuru Citation
2022 taxguru.in 1303
Case Name
DR Vidyottma Jha Vs Govt of NCT of Delhi & Anr. (Delhi High Court)
Date of Judgement/Order
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DR Vidyottma Jha Vs Govt of NCT of Delhi & Anr. (Delhi High Court)

In our view, it is not for this Court to direct payment of ex gratia compensation of Rs.1 Crore to all families whose members died due to Covid-19. The GNCTD has already formulated a uniform policy for the payment of ex gratia compensation to the kin of the deceased who died due to Covid-19 Pandemic. Since a policy has been framed which is reflected from the order dated 27.07.2020 placed on record by the respondent with its short affidavit, the remaining third prayer also stands addressed. We may note that by the order dated 27.08.2021, the petitioner has already given up the prayers (i) and (ii).

FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT

This petition has been preferred to seek the following reliefs.

“(i) Issue Writ of Mandamus or order or direction of the similar nature thereby directing the Respondents to provide Ex gratia compensation Rs.1 crore to all families whose members have died due to Covid-19 virus or due to post Covid infections within one month of recovering from Covid without any discrimination, and,

(ii) Issue Writ of Mandamus or order or direction of the similar nature thereby directing the Respondents to formulate proper policy and guidelines for providing Ex gratia payment or compensation to all families whose members have died due to Covid-19 virus or due to post Covid infections within one month of recovering from Covid without any discrimination, and,

(iii) Issue Writ of prohibition or order or direction of the similar nature thereby prohibiting the Respondents to stop paying compensation Rs.1 crore to the families of selected persons only merely on the basis of pick and choose without any guidelines, and,

(iv) Issue Writ of Mandamus against the Respondents to provide social security and rehabilitation to victims of Covid 19Victims, and,

(v) Pass any other Order or Direction as this Hon’ble Court deems fit and proper under the facts and circumstances of the above case.”

In our view, it is not for this Court to direct payment of ex gratia compensation of Rs.1 Crore to all families whose members died due to Covid-19. The GNCTD has already formulated a uniform policy for the payment of ex gratia compensation to the kin of the deceased who died due to Covid-19 Pandemic. Since a policy has been framed which is reflected from the order dated 27.07.2020 placed on record by the respondent with its short affidavit, the remaining third prayer also stands addressed. We may note that by the order dated 27.08.2021, the petitioner has already given up the prayers (i) and (ii).

In the light of the aforesaid, nothing further survives in this matter. The same stands disposed of.

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