Jammu & Kashmir And Ladakh High Court Issues Notice To Union In Cross-Border Shelling Compensation Case

In the petition filed under Article 226, Fayaz Ahmad Awan, through his counsel Naveed Bukhtiyar contended that the current guidelines fail to adequately address the plight of victims who have lost property due to cross-border shelling.

Despite suffering significant damage to his double-story building during the shelling on the night of February 23/24, 2018, the petitioner and his family have received insufficient compensation, hindering their ability to rebuild their lives, the petition stated.

The petitioner's counsel argued that the government's classification of victims, limiting compensation to those who have lost their lives or suffered disability, overlooks the fundamental right to shelter, as enshrined in Article 21 of the Constitution of India.

Citing legal precedents such as Chameli Singh v. State of Uttar Pradesh and Shantistar Builders v. Narayan Khimalal Totame, the petition emphasizes the right to housing as an integral component of the right to life.

Furthermore, the petition invoked the doctrine of parens patriae, asserting the state's duty to protect the interests of its citizens, especially those in need of assistance.

“The idea behind parens patriae is that if a citizen is in need of someone who can act as a parent who can make decisions and take some other action, sometimes the State is best qualified to take on this role. The duty of the King in feudal times, to act as parens patriae (father of the country) has been taken over in modern times by the State”, the petition reads.

In light of these submissions, the petitioner sought a direction on the respondents to pay compensation amounting to Rs 13,00,000 and to modify the guidelines to include provisions for compensating property damage caused by cross-border shelling.

In response to the petition, Justice Vinod Chatterji Koul issued a notice to the concerned authorities, directing them to respond within four weeks. The court has scheduled the next hearing for March 15, 2024, to further deliberate on the matter.

Case Title: Fayaz Ahmad Awan Vs UT of J&K.

Counsel For Petitioner: Mr. Naveed Bukhtiyar, Advocate.

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