Bhopal (Madhya Pradesh): The state government constituted its first damage claim tribunal formed through ordinance on Tuesday. The state government has appointed retired district judge Shivkumar Mishra as chairman of the first claim tribunal to assess property damage in Khargone violence incidents.
The government issued gazette notification on Tuesday appointing Mishra as its chairman and retired secretary Prabhat Parashar as its member.
The gazette notification mentions that the claim tribunal has been constituted under Prevention of Damage to Public and Private Property and Recovery of Damage Act, 2021, to settle claims of public and private property damaged in communal riots after procession was taken out in Khargone on April 10.
The headquarters of the claim tribunal will be located in Khargone district collectorate complex. The tribunal has been given three months time to settle claims related to damage, from the date of notification.
The damage caused by acts like communal riots, strike, bandh, demonstration, march, procession, blocking of road traffic or any such damage caused by a person or group of persons, will be determined by the tribunal. The tribunal will have all the powers of a civil court.
It will have power to attach property of respondents and publicise their names, addresses and photographs to warn public against purchasing property. The tribunal will also have all the powers of a civil court for the purpose of taking evidence on oath and enforcing attendance of witnesses and compelling the discovery and production of documents and material objects.
In case of public property damage, the district magistrate while in case of private property, the landlord will apply within 30 days in a claim tribunal which may appoint a tribunal commissioner for settlement.
The award passed by the claim tribunal will be recovered from those who are held directly responsible for damaging properties and even from those who are found guilty of abetment for damaging properties. Within 15 days of award, if it is not paid, It will be recovered with interest.
The claim tribunal which will have power to pass the award double the value of damaged properties, will also enjoy the power for recovery of expenses. Award can be challenged in the High Court within 90 days.
