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PETITIONER: BHUKAMP PIDIT ANDOLAN

       Vs.

RESPONDENT: STATE OF U.P. AND ANR.

DATE OF JUDGMENT08/05/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1995 SCALE  (3)679

ACT:

HEADNOTE:

JUDGMENT:      Affidavits have  been filed  on behalf  of the District Collectors of  Uttarkashi and  Tehri Garwal.  As regards the claimants in Uttarkashi District.      It was  ultimately found  that only  four  persons  are eligible. Claim  of 13  persons have  been rejected  on  the ground either  that Karta  of the joint family has been paid and houses  have already been rebuilt or claims have already been  settled.   Under  these   circumstances,  so   far  as Uttarkashi is  concerned, there  are no  eligible earthquake victims left out.      With regard  to the  Tehri District,  the Collector has given the  details. Names of 6978 have been received. Out of them they  verified 6071.  907 are  pending verification and compensation has  already been received by 1500 people. 3844 were found  to be  not eligible.  576  people  though  found eligible, have  not come  forward to  receive  compensation. Therefore, they have not been paid. 151 claimants were minor and, therefore,  they are  not entitled  to the  payment  of compensation.      In view  of these  facts, we  do  not  think  that  any further purpose will be served in keeping the matter pending since substantially  required work  has  been  done  by  the District Collector  of Tehri.  However, with  regard to  the pending 907  claims for verification, the District Collector is directed  to have  them verified  within a  period of two months from  the date  of the receipt of this order and make payment to  such of  those who are found eligible. As to 576 persons whose claims were found to be eligible, the District Collector is  directed to  issue notice  to them  within one month of  receipt of  this  order  and  make  payment  after verifying that  they are genuine persons eligible to receive the compensation.  This verification  may be got done in the presence of the Patwari of the village concerned.      The writ petition is accordingly disposed of. No costs.

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