Excelsior Correspondent
Srinagar, Mar 31: High Court has sought an affidavit from the Deputy Commissioner Budgam detailing compensation provided to the families of victims of the former artillery firing range in Tosamaidan.
The Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta has directed the Deputy Commissioner, Budgam to file a detailed affidavit regarding compensation to the families of victims of Tosa Maidan firing range for the loss caused due to artillery shelling and military exercise.
The HC directed the DC Budgam to file an affidavit indicating as to how the directions passed in earlier PIL by the court in respect of the issue have been carried on.
The NGO Tosdamaidan Front has approached the court through the medium of instant PIL for the redress of grievance of the public at large, seeking appropriate writ, for providing adequate compensation in favour of the families of deceased persons, disabled, handicapped and impaired due to the negligence of respondent authorities.
The matter has already been decided by the court in a separate PIL and the directions as per the petitioner till date have not been complied with. The counsel representing the petitioner-NGO submitted that it has already enclosed a list of such persons who have received injuries or whose dear ones have lost their lives during firing incidents at Tosamaidan firing range.
“Therefore, it is for respondents, in particular, the Deputy Commissioner, Budgam, to file an affidavit indicating therein as to how the directions passed by this Court in earlier in respect of the aforesaid issue have been carried on,” the bench said.
The court observed that most of the prayers in the instant petition have been rendered in fructuous in view of withdrawal of the army from the Tosamaidan area and the Constitution of Tourism Development Authority.
“However, this PIL shall now proceed only in respect of prayer of petitioner that the persons who have received injuries or whose dear ones have lost their lives due to incidents in the firing range of Tosamaidan area have not received any compensation,” the court said.
The Government of India has already issued direction with regard to the civilian victims of border shelling and mine blasts and the compensation is fixed at Rs. 5 lakh for dependents or legal heirs of the person who dies or is incapacitated due to the cross border shelling or land mines near LoC.
“The people who became victims of Tosamaidan artillery firing range deserve to be treated equally with the people of Border Areas. Although no compensation has been paid to the victims of the Tosamaidan firing range so far even after the notification issued by the Government of J&K. However, it would be just to pay the compensation in accordance with the already fixed compensation by Government of India”, Advocate Khan submitted before the court
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