Srinagar, Mar 29: The High Court of Jammu & Kashmir and Ladakh directed the Deputy Commissioner, Budgam to file a detailed affidavit regarding compensation to the families of victims of Tosa Maidan firing range for the loss caused due to artillery shelling and military exercise by the Indian army.
A division bench comprising Justices Sanjeev Kumar and Puneet Gupta directed the Deputy Commissioner Budgam to file an affidavit indicating therein as to how the directions passed by the court in respect of the aforesaid issue have been carried on.
In this connection, the court granted six weeks time to senior additional advocate general Mohsin Qadri to file a detailed affidavit of the Deputy Commissioner, Budgam after he sought some time to do the needful.
The counsel representing the petitioner submitted that the petitioner has already enclosed a list of such persons who have received injuries or whose dear ones have lost their lives during firing incidents at Tosamaidan firing range.
“Therefore, it is for respondents, in particular, the Deputy Commissioner, Budgam, to file an affidavit indicating therein as to how the directions passed by
this Court in PIL No. 1/2017 in respect of the aforesaid issue have been carried on,” the bench said.
The court passed the directions after noting that most of the prayers in the petition have been rendered infructuous in view of withdrawal of the army from the Tosamaidan area and the Constitution of Tourism Development Authority.
“However, this PIL shall now proceed only in respect of prayer of petitioner that the persons who have received injuries or L whose dear ones have lost their lives due to incidents in the firing range of Tosamaidan area have not received any compensation,” the court said.
Earlier, the PIL was filed byTosamaidan Bachao front through its President Dr Sheikh Ghulam Rasool stating that the respondents have failed to conduct the military exercises and artillery practices in adherence with law and thereby caused tremendous suffering to the people living in the vicinity.
“Many people have lost their lives and hundreds have been injured, most of them permanently disabled and incapacitated for life. The loss has not even been documented properly and no survey has ever been conducted to assess the actual loss suffered by the area and the people in terms of death and disability and loss of livelihood,” petition said.
It also mentions that the loss and degradation caused to the forests, water bodies, wildlife, natural environment and eco-sensitive zones has neither been assessed nor documented.
For the redressal of grievance of the public at large, the petitioner sought adequate compensation in favor of the families of deceased persons, disabled, handicapped or impaired due to the negligence of respondent authorities.
