The Hindu : New Delhi News : High Court directive to Centre on refugee’s claim

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Wednesday, Oct 24, 2007
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New Delhi

High Court directive to Centre on refugee’s claim

Staff Reporter

Venkateswarlu had sought two claims under the UNCC scheme
Indian Embassy failed to forward one of the applications in time for compensation

NEW DELHI: Holding the Union Government guilty of negligence in not forwarding an application for compensation to the United Nations’ Compensation Committee (UNCC) by a refugee of Indian origin from Kuwait in time, the Delhi High Court has directed it to consider his claim of more than Rs.33 lakh and pass an order.

The refugee, Gatakala Venkateswarlu, had fled Kuwait in 1990 following the outbreak of the Gulf war, leaving behind his property and personal belongings to save his life.

He had applied for compensations under a scheme floated by UNCC for people who had lost and suffered during the war.

Venkateswarlu had sought two claims under the scheme. One under the head of ex-gratia payment of 2,500 dollars for individuals who had fled Kuwait and the other under the head for the losses caused to person and property up to 100,000 dollars in 1992.

The claimants were required to submit their applications to their respective governments who would forward the same to UNCC.

Venkateswarlu filed applications for compensations under the two heads with the Indian Embassy in Kuwait, the designated authority of the government.

The UNCC paid the ex-gratia to Venkateswarlu. However, the Indian Embassy failed to forward his other application in time for compensation under the head of losses to person and property, resulting in rejection of his application by UNCC.

Venkateswarlu submitted that there was lapse and negligence on the part of the Government in not forwarding his other claim to UNCC and, therefore, it was not considered and paid. Thus, the Government must compensate, Venkateswarlu submitted.

Rejecting all alibis by the Government for not sending the claim application in time, a Division Bench comprising Justice M.K. Sharma and Justice Sanjiv Khanna said: “We feel that the Secretary, Ministry of External Affairs, should examine the claim form submitted by Venkateswarlu for Kuwaiti dinar 23,495 and pass a speaking order after examining and deciding it.”

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