Court Directs Government to Compensate Petitioners with Interest for Delayed Payments on Essential Water Supply Restoration
The Jammu & Kashmir and Ladakh High Court, under Justice Mohd Yousuf Wani, has ruled in favor of the petitioners, Mohammad Ishaq Najar and others, mandating the Union Territory of J&K to promptly disburse overdue payments for restoration works carried out under the State Disaster Response Fund (SDRF) in Baramulla District. The court further ordered the payment of interest at a rate of 10% per annum from the date of the petition's filing until final settlement.
The petitioners, represented by Advocate Mr. R. A Bhat, had undertaken restoration of damaged water supply schemes following heavy rains in April 2017. Despite the respondents, including various government departments, admitting the liability, payments were delayed due to cited technical issues. The court found this delay to be a violation of Articles 14 and 21 of the Constitution of India, which guarantee the right to equality and protection of life and personal liberty.
Justice Wani emphasized administrative accountability, noting that delays burden the state with additional interest and impact the quality of public services. The decision highlighted that similar payments had been made in other districts, suggesting discriminatory treatment against the petitioners in Baramulla.
The court's ruling mandates immediate action for the release of necessary funds and ensures the petitioners receive their rightful compensation within six weeks. This judgment reinforces the importance of timely government response in disaster management and equitable treatment across districts.
Bottom line:-
State Disaster Response Fund (SDRF) - Petitioners, who executed restoration works of damaged water supply schemes under SDRF, are entitled to due payment along with interest as the liability is admitted by respondents.
Statutory provision(s): Articles 14, 21 of the Constitution of India, State Disaster Response Fund (SDRF) norms.
