Gaurav Kumar Bansal vs Union of India - Supreme Court Case 2022

Gaurav Kumar Bansal vs Union of India - Supreme Court Case 2022

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

INTERLOCUTORY APPLICATION NO. 40111 OF 2022

(APPLICATION FOR DIRECTIONS)

IN

MISCELLANEOUS APPLICATION NO. 1805 OF 2021

IN

WRIT PETITION (C) NO. 539 OF 2021

Gaurav Kumar Bansal …Petitioner (s)

Versus

Union of India & Ors. …Respondent(s)/

 Applicant(s)

O R D E R

M.R. SHAH, J.

1. Present application is preferred by the Union of India- Ministry of

Home Affairs with the following prayers:-

“(a) Modify the order dated 30.06.2021 and other

subsequent orders passed by this Hon’ble Court in the

captioned matter permitting any central agency to

undertake a sample scrutiny to verify the claimed

documents processed by respective State Governments

for grant of ex gratia payment and take steps thereafter in

accordance with the law.

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(b) Modify the order dated 30.06.2021 and other

subsequent orders passed by this Hon’ble Court in the

captioned matter to the extent of declaring time limit of

four weeks, from the date of order passed by this Hon’ble

Court in the instant application, as an outer limit for the

existing eligible claimants to lodge their claims with the

authorities for seeking grant of ex gratia payment under

the orders of this Hon’ble Court dated 30.06.2021 and a

time of four weeks for claimants who might become

eligible in the future;”

2. Shri Tushar Mehta, learned Solicitor General has submitted that

after the order was passed by this Court dated 30.06.2021 and other

subsequent orders, the concerned States have received approximately

7,38,610 claims claiming ex-gratia compensation on the death of their

family members, who are entitled to the same pursuant to the order

passed by this Court dated 30.06.2021 and the subsequent orders. It is

submitted that since the COVID-19 pandemic in the country has now

subsided over the period of time since this Hon’ble Court passed the

order dated 30.06.2021 and the subsequent order dated 29.11.2021, by

now, all genuine claimants must have approached the authorities by

establishing their claims. It is submitted that therefore it is not desirable

to continue the process of submitting/receiving the claims without any

outer time limit. It is submitted that if no outer limit of time is fixed, in that

case, there is a greater possibility of making false claims. Therefore, it is

prayed to determine the deadline before which the claimants of persons

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who died due to COVID-19 can approach the authority making their

claims.

Shri Mehta, learned Solicitor General has suggested fixing the

deadline of four weeks to claim the ex gratia payment from the

authorities in case of death due to COVID-19.

2.1 Shri Mehta, learned Solicitor General has further submitted that

there are genuine apprehensions of submitting fake claims in some of

the States. Therefore, it is prayed that there should be an audit and/or

at-least random scrutiny of the claim applications filed in the respective

States. Shri Mehta, learned Solicitor General has submitted that

receiving the ex-gratia compensation by making a false claim or

submitting fake/false certificate is a very serious matter. It is submitted

that even as per Section 52 of the Disaster Management Act, 2005

(hereinafter referred to as “Act, 2005”), making a false claim for obtaining

any relief under the Act, 2005 is a punishable offence. It is brought to

our notice that as of now approximately 7,38,610 claims are received

and, therefore, it may be very difficult to verify each and every claim. It

is submitted that therefore let there be a random sample scrutiny.

2.1.1 Shri R. Basant, learned Senior Advocate appearing on behalf of

the State of Kerala and Andhra Pradesh, Shri Rahul Chitnis, learned

counsel appearing on behalf of the State of Maharashtra have also

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supported Shri Tushar Mehta, learned Solicitor General and have

welcomed the sample scrutiny to find out the persons, who have made

false claims.

3. Having heard Shri Mehta, learned Solicitor General on the request

and the prayer made in the application and considering the fact that

more than nine months have passed after the first judgment and order

and thereafter four months have passed after the subsequent judgment

and order dated 29.11.2021 passed by this Court and by now

approximately 7,38,610 claims have been received by the concerned

States, Shri Mehta, learned Solicitor General is right in submitting that by

now all genuine claimants must have approached the authorities by

establishing their claims. He is also right in apprehending that if there is

no outer time limit fixed, then the process of receiving the claims would

go endless and, in that case, there is all possibility of submitting false

claims. However, at the same time, four weeks’ time suggested by Shri

Mehta, learned Solicitor General is too short. The family would need

some reasonable time to recover from the death and sorrow and filing

the claim. Therefore, we deem it appropriate to fix the outer limit of sixty

days from today to file the claims for compensation in case the death

occurred due to COVID-19 prior to 20.03.2022. For future deaths, ninety

days’ time is provided from the date of death due to COVID-19 to file the

claim for compensation. The earlier order to process the claims and to

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make the actual payment of compensation within a period of thirty days

from the date of receipt of claim is ordered to be continued.

4. However it is clarified that in case of extreme hardship any

claimant could not make an application within the time prescribed, it will

be open for the claimant to approach the Grievance Redressal

Committee and make the claim through Grievance Redressal Committee

which shall be considered by the Grievance Redressal Committee on

case to case basis and if it is found by the Grievance Redressal

Committee that a particular claimant could not make the claim within the

stipulated time which was beyond their control his/her case may be

considered on merits.

5. Ministry of Health and Family Welfare and Ministry of Home Affairs

– Union of India and all the concerned States are directed to give wide

publicity to the present order through print and electronic media so that

the claimants can know the time limit fixed by this Court for making

claims. Such advertisement shall be published fortnightly for a period of

six weeks from today.

6. Now, so far as the allegation of submitting fake claims on

submitting false certificates or obtaining the compensation on submitting

the false claim is concerned, it is required to be noted that making a

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false claim and obtaining any relief on that basis is a punishable offence

under Section 52 of the Act, 2005, which reads as under:-

“52. Punishment for false claim.—Whoever knowingly

makes a claim which he knows or has reason to believe

to be false for obtaining any relief, assistance, repair,

reconstruction or other benefits consequent to disaster

from any officer of the Central Government, the State

Government, the National Authority, the State Authority or

the District Authority, shall, on conviction be punishable

with imprisonment for a term which may extend to two

years, and also with fine.”

6.1 Nobody can be permitted to avail the ex-gratia compensation by

making a false claim and/or submitting the false certificate. A claimant is

entitled to the ex-gratia of Rs.50,000/- being a kin/family member of

those, who died due to COVID-19. Earlier, this Court passed the order

directing the Union of India/NDMA/concerned States to pay ex-gratia

amount keeping in mind the humanity and keeping in mind the sufferings

of the family members who lost one of their family members due to

COVID-19. Therefore, nobody can be permitted to misuse the same and

it is also against morality and is unethical, which can never be accepted.

Therefore, to start with a random scrutiny of the 5% of the claim

applications filed in the States of Andhra Pradesh, Gujarat, Kerala and

Maharashtra shall be made at the first instance. We permit the

NDMA/Union of India, through Ministry of Health and Family Welfare, to

carry out the random scrutiny of 5% of the claim applications by the

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States of Andhra Pradesh, Gujarat, Kerala and Maharashtra at the first

instance. The concerned States are directed to assist in carrying out the

scrutiny of the claim applications as ordered above and submit all the

necessary particulars of the respective claims that have been

attended/processed to the Ministry of Health and Family Welfare, who

shall carry out the scrutiny within a period of three months from today

and submit the report before this Court. If it is found that anybody has

made a fake claim, the same shall be considered under Section 52 of

the Act, 2005 and liable to be punished accordingly.

Present application is accordingly disposed of in terms of the

above directions.

………………………………….J.

 [M.R. SHAH]

NEW DELHI; ………………………………….J.

MARCH 24, 2022. [B.V. NAGARATHNA]

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