Consider 2008 terror attack victim's request for house under EWS quota: Bombay High Court to State

The Bombay High Court today directed the Maharashtra government to consider a request made by Devika Rotawan, a victim of the 2008 Mumbai terror attacks, for a house in the economically weaker section (EWS) scheme with more sensitivity and keeping in mind her exceptional circumstances [Devika Rotawan v. State of Maharashtra & Ors]..A division bench of Justices GS Kulkarni and Firdosh Pooniwalla issued the direction to the housing department of the Maharashtra government.The State authority was told to view it as an exceptional case with more sensitivity and keeping in mind basic human rights.“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. More particularly since it is a victim of a terrorist attack. In our opinion, 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..Rotawan was hit by a bullet during the terror attack of 2008. She claimed to have undergone many surgeries and and informed that she suffers from various ailments for which she is taking treatment. She was also a material witness for the prosecution in the terror attack trial that resulted in the conviction of terrorist Ajmal Kasab. As on date, she is required to attend court hearings in some connected matters and has continuously been suffering because of her economic conditions, Rotawan stated in her petition..Rotawan informed the Court further that while she had been given a "meager" compensation because of the hardships she faced in the attacks, there was nothing left from the compensation for her to get a house.She, therefore, approached the housing department of the State government seeking the allotment of a tenement under the EWS scheme.The High Court had previously directed the housing department to consider her representation. However, the division bench was informed today that her request for an allotment under the EWS quota could not be considered..The division bench was not satisfied with this decision by the department undersecretary. The Court, therefore, directed that this matter be placed before the concerned Minister for housing.“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," the Court observed..The division bench also remarked that it was unhappy with the decision taken by the undersecretary to "mechanically" close the file.“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 added in its order..It proceeded to adjourn the matter by two weeks for the Minister of housing to take an appropriate decision and place such decision before the Court.