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The Supreme Court today issued notice in the plea seeking ex gratia monetary compensation of Rs. 4 lacs or a notified ex gratia monetary compensation to the families of deceased who have succumbed to the side effect and post COVID-19 disease i.e. black, yellow, white fungus, in view of Section 12 of The Disaster Management Act, 2005.

The Bench comprising Justices Ashok Bhushan, MR Shah and Vineet Saran issued notice in the plea filed by Advocate Reepak Kansal.

Kansal in his petition has stated that the Court had earlier issued notice in his petition seeking ex gratia monetary compensation of Rs. 4 lacs / notified ex gratia monetary compensation to the families of deceased who have succumbed due to COVID-19 and hence urged the Court to extend the compensation to the patients of post Covid disease.

Kansal has further submitted that “There are several States which have also notified the mucormycosis or black fungus as notified disease under ‘The Epidemic Diseases Act, 1897’. The entire benefits / ex—gratia compensation under section 12 Disaster Management Act, 2005 for patients of COVID 19 may also be extended to the patients of post COVID 19 disease i.e. black fungus, yellow fungus and white fungus etc.”

Pointing that the State has an obligation under Art. 38. (1)(i) of the Constitution of India, Kansal has further sought for direction in the nature of mandamus to the State Governments to fulfill their obligation to take care of victims of the calamity and their family members

Case Title: Reepak Kansal vs Union of India and Ors WP (C) No. 651/2021