Read Time: 06 minutes

Synopsis

The Bombay High Court has directed the Maharashtra State Government to consider the plea of a victim of the 2008 Mumbai Terror Attacks, urging for the allocation of a house under the Economically Weaker Section (EWS) scheme.

The division bench, consisting of Justice GS Kulkarni and Justice Firdosh Pooniwalla, heard the petition filed by one Devika Rotawan, who sustained injuries from a bullet during the 2008 Mumbai Terror Attacks.

Rotawan played a crucial role as an important witness during the trial of the 2008 Mumbai Terror Attacks, which ultimately led to the conviction of the terrorist Ajmal Kasab.

In her petition, Rotawan explained that she had approached the housing department seeking the allotment of a house under the Economically Weaker Section (EWS) Scheme, as the compensation received from the state government was insufficient for her to afford a residence.

In earlier hearings, the high court had instructed the state to consider her representation for house allotment.

However, during the hearing today, the assistant government pleader informed the court that allotment under the EWS scheme might not be possible.

In response, the division bench said that a genuine case like this demands more human sensitivity.

“You are not getting hundreds of such claims of children. This is one such case which may require consideration. When a genuine case is presented before the department, the same would certainly require more human sensitivity and basic human rights particularly since it is a victim of a terrorist attack....these are real cases where there would be a need for authorities to exercise discretion appropriately which is otherwise routinely exercised and found to be in cases which we should not be in par with a case as the present case. We urge the Minister to take an appropriate decision,” the court said.

The high court in its order noted that there was no application of mind by the state government to the nature of the request.

“We have perused the decision and we find that the basic reasons which ought to have persuaded the department to make an exception in this case, which is not a normal case, are absent. There is no application of mind to the nature of the request. We would certainly not appreciate the court being foisted with official files when the decision in the file in our opinion would not satisfy the test of law. We are quite astonished at the snail’s pace at which the decision is taken that too in a matter which raises issues of basic human rights and right to shelter of a victim of terrorist attack,” the court said.

Case title: Devika Rotawan vs State of Maharashtra