[COVID-19] Ex-gratia claims filed via offline mode should not be kept pending: Bombay High Court

The Bombay High Court on Monday directed the Maharashtra government not to keep any applications filed by the kin of COVID-19 victims seeking ex-gratia compensation pending merely because they are not filed online..A Bench of Chief Justice Dipankar Datta and Justice VG Bisht was hearing a plea seeking ex-gratia payment to those whose claims were delayed since they had filed the same physically, and not through the online portal."Applications which have not been filed online may also be processed by the State Government in the same manner as online applications for extending assistance to the next of kin of victims of SARS- CoV-2," the Court directed. .The Court added in its order that “earnest endeavour ought to be made to ensure that the requisite assistance reaches the applicants as early as possible, however, on compliance with all other formalities by them. No application, filed physically, may be kept aside on the ground that it has not been filed online.”.During the previous hearing, the Bench had emphasised the rights of citizens to get a compensation, emphasising that they should not be deprived of the same on grounds of technicality..On Monday, Additional Government Pleader Poornima Kantharia informed the Court that:They had received a total of 114 applications physically or by post;54 such applicants had been contacted by officials for assistance;14 such applicants could not be traced band hence the State was unable to assist them with the online method of applying.Advocate Sumedha Rao appearing for the petitioner trust, Prameya Welfare Foundation, contended that the claimants were mostly slum-dwellers who were not adept at filing claims and annexing documents online.She claimed that there had been a delay in opening the portal, and almost 50 people had already applied for it before the portal went live.“Let the State not delay payment for those who applied physically before the portal was formed,” she submitted.Kantharia replied that the online portal had been formulated as per order of the Supreme Court to benefit the applicants.She stated that online portals were easier for the applicants, and easier for the State to streamline..After hearing the submissions briefly, the Bench asked all respondents to file their responses to the plea and directed that applications for compensation should not be kept pending till they are filed in online format.The matter will next be heard on February 14, 2022..[Read order]