Excelsior Correspondent
Srinagar, Oct 23: High Court has sought an affidavit from the Union of Indian with regard to identification of victims in Tosamaidan firing range so that the compensation is provided to their families.
The Division Bench of Chief Justice Tashi Rabstan and Justice Puneet Gupta has sought an affidavit from the Government of India after its counsel submitted to the court that the affidavit filed by the Government of J&K UT about the victims has a lot of discrepancies which the counsel said needs to be verified.
The counsel therefore sought short adjournment of the case in order to enable her to file a response to the affidavit of Government of J&K UT. The court accepted her request and granted her four weeks time to file response to the affidavit of Government of J&K UT.
The authorities of J&K UT had filed an affidavit detailing the compensation provided to the families of victims of formerly artillery in Tosamaidan firing range for the loss caused due to artillery shelling and military exercise. Since the details of victims have been disputed by the GoI as such the court deferred the consideration of the matter till next hearing and asked the GoI counsel to bring on record in the shape of an affidavit the details of victims before the court.
The earlier affidavit filed by DC Budgam indicates that the concerned Tehsildar has furnished a list of 34 deceased persons and the 27 injured persons (victims up to 7/2017) and the Tehsildar Khansib has also submitted the list of one deceased person and two injured showing the date of incident as 12.08.2018.
The court had said that concerned authorities can work out the quantum of compensation which would be required to be given to the affected persons with the approval of the Government as there is no reason as to why approval should not be given for grant of compensation to the deceased/injured persons.
The NGO-Tosamaidan Front has approached the court through its counsel Mohammad Altaf Khan by filing 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 Government of Jammu and Kashmir, it is pleaded, authorized the execution of military manoeuvres over the area of Tosa Maidan (Budgam) in the year 1965. Due to the field firing and artillery practice carried out by the army from 1965 to 2014 in and around Tosa Maidan, innocent people have lost their lives or been left maimed.
The area, it is added, was apparently given to be used for light weapons however all the heavy artillery and high-altitude military exercises were conducted in the areas resulting in huge losses. “The only way to compensate and replenish the area would be through Community driven measures. The area is fit for community driven adventure and tourism”, Petitioner advocate submitted before the court.
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