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The State of Gujarat v. I.R.C.G.

Civil Appeal · 2017 INSC 818Decided 29 Aug 2017
Civil Appeal No. 3249 of 2016
Chief Justice Dipak Misra · Justice Prafulla C. Pant

Background

After the 2002 communal riots in Gujarat, a public interest litigation was filed in the Gujarat High Court seeking a court-supervised survey of mosques, dargahs, graveyards and other religious institutions damaged or destroyed during the riots, and compensation for their restoration. The High Court directed the State to compensate the institutions for restoration costs already incurred. The State appealed to the Supreme Court against these directions.

Decision Breakdown

The Supreme Court noted that the State had, in the meantime, framed a formal compensation scheme with capped ex-gratia assistance, subject to verification of ownership by the District Collector, and that this scheme's terms were comparable to the assistance given to individual homeowners whose houses were damaged in the riots. Finding the scheme reasonable and non-discriminatory, the Court accepted it as adequate, set aside the High Court's original order, and disposed of the appeal, directing eligible claimants to apply within eight weeks, with authorities required to decide within three months, and liberty for any aggrieved claimant to pursue further legal remedies.

Lesson Learnt

When the government frames a reasonable, verifiable compensation scheme for riot-damage claims that is on par with compensation given for other similarly situated properties, courts will treat that as satisfying earlier compensation directions rather than demanding open-ended litigation.

Official source (sci.gov.in)View Judgment (PDF)

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