JK & Ladakh High Court issue notices in cross-border shelling compensation case
Srinagar: Jammu & Kashmir and Ladakh High Court recently issued notices to the Union and J&K governments in a cross-border shelling compensation case.
Fayaz Ahmad Awan, a resident of Sikokote village close to the Line of Control in Uri sector of Baramulla through his counsel Naveed Bukhtiyar filed a petition in the High Court seeking inclusion of victims who have lost property in cross border shelling in the already placed policy, which at present excludes them.
Prior to the ceasefire along the LoC in February 2021, Sikokote village for decades witnessed intense shelling and frequent casualties.
The petitioner informed the Court that he was from a downtrodden family and on the night of the February 23/24 in 2018 there was indiscriminate heavy cross border shelling on LoC from the enemy state in which his double story building was fully damaged and brought to ground and from that day the petitioner as well as his family is living in the local panchayat house and moving to and fro for compensation and any relief.
The petitioner said the total loss assessed by the government agency was Rs 13,20,000 and Rs one lakh compensation was sanctioned by Deputy Commissioner Baramulla which he refused to take .
The petitioner challenged the exclusion of property damage compensation from the ‘Central Scheme for Assistance to Civilian Victims/Family of Victims of Terrorist/Communal/Left Wing Extremism (LWE) Violence and Cross Border Firing and Mine/IED Blasts on Indian Territory, 2019’.
The counsel argued that the government’s classification of victims, limiting compensation to those who have lost their lives or suffered disability in the cross border shelling, overlooks the fundamental right to shelter.
“There is no rationale behind such a classification where the victim of cross shelling has been left at the mercy of God and others are covered, that the act of the enemy state has violated my fundamental right which is right to life, as apex court from time has said right to life doesn’t mean mere animal existence but life with dignity and also right to housing and shelter has been held the intrinsic part of the right to life,” the counsel argued.
Citing judgment, the petitioner emphasized the right to housing and shelter has been held as an integral component of the right to life.
The petitioner has sought a direction on the respondents to pay compensation amounting to Rs 13,00,000.
After the petition, Justice Vinod Chatterji Koul on February 7 issued notices to the authorities and directed them to respond within four weeks.
The next hearing of the case is scheduled for March 15, 2024.