Ex-gratia compensation for the kin of such persons, who had died of COVID-19, was a matter of their right and they must not be deprived of the same, observed the Bombay High Court on Monday.
Slamming the Maharashtra government, a division bench of Chief Justice Dipankar Datta and Justice MS Karnik directed the government to take instructions on why the claims for compensation filed through post or physically was being denied or delayed by the Maharashtra government?
The court direction was passed while hearing a Public Interest Litigation (PIL) filed by an NGO, Prameya Welfare Foundation, seeking that the government pay the amount to those applying for ex-gratia compensation physically or through post as well and not insist that citizens apply for such compensation online only.
The petitioner's counsel Sumedha Rao said that many of those laying claims to such ex-gratia payment were slum dwellers or poor people, who were not adept at filing claims and annexing documents online.
The BMC counsel told HC that so far it had received around 34,000 applications seeking the compensation amount. Of these 16,884 applications had been forwarded to the disaster management department for approval and payments. The rest had some issues such as incomplete addresses, missing information etc, said the counsel.
The BMC further claimed that it was also forwarding applications that were from areas outside of its jurisdiction, to relevant authorities.
Rao however, contended that the applicants were not being given reasons for rejection of their applications or being informed of the status of their applications.
Rao said: “These are poor people who find the online system difficult since they have to upload so many annexures. They have applied through post, physically but have got no response, no reasons.”
Government pleader Poornima Kantharia contended that they have already paid compensation to several claimants who had applied through its online portal. She said that the government had created the online portal so that one could make a claim for compensation online and the money would be transferred directly to their bank accounts.
The court then questioned the state government why must it insist on online applications? The judges reminded the government that the Supreme Court had recently directed all state and central authorities to reach out to the kin of Covid victims and pay them the ex-gratia compensation.
CJ said: “The spirit of the SC order is that the state must reach kin of those who died of Covid. Why must you be so technical that they have to apply online only? The web portal is for the state government's convenience. Getting the compensation is their (the kin of victims) right. Why must they be deprived? Reach out to them.”
The HC has kept the PIL for further hearing on Thursday.
