Guv promulgates ordinance to recover damages in UP
CAA PROTESTS Government to set up a claims tribunal to assess and claim compensation
LUCKNOW: The Uttar Pradesh (UP) government will set up a claims tribunal to assess and claim compensation from those who damage government and private properties, according to the ordinance that governor Anandiben Patel promulgated on Sunday.
The state cabinet had approved the Uttar Pradesh Recovery of Damage to Public and Private Property Ordinance — 2020 last Friday. The ordinance will allow the state’s authorities to recover losses to public and private properties caused during riots, demonstrations, political rallies and illegal agitations. A retired district judge or an officer of the rank of additional commissioner would be the chairperson of the tribunal and it will have two or more members, a government spokesperson said.
“This is a follow-up step after the state cabinet approved an ordinance to recover losses [to public and private properties],” he said.
The ordinance says that it will be the duty of the tribunal to determine the damages caused to public or private properties in cases and it may appoint a claims commissioner to estimate the damages and investigate liabilities. It may appoint an assessor in every district. The claims commissioner will submit a report to the tribunal within a period of three months or such time as may be granted by the tribunal.
“The claim tribunal will be under the rules and provisions of the ordinance. The tribunal will have the power to attach the property and once a recovery notice is issued to the accused, the authorities could be directed to also publish their name, address, along with photographs with a warning for public at large not to purchase the attached property. The tribunal will give a full and fair opportunity to the accused to present their case,” the spokesperson said.
The claims tribunal will have all the powers of a civil court. “If any amount as compensation has been paid -- to the owner of a private property -- by the government or an insurance company, then the claims tribunal shall adjust such amount from the compensation amount,” the ordinance says.
“On receipt of the report of the circle officer of the police based on FIR [First Information Report] of the incident, the district magistrate or commissioner of police shall take immediate steps to file a claim petition before the tribunal for compensation preferably within three months of the date of the incident,” it adds.
“Every order or award passed by the claims tribunal shall be final and no appeal is maintainable against such order before any court,” it says .
On March 5, the state government put up over 50 roadside hoardings in various prominent locations in Lucknow with photographs and details of those against whom recovery notices had been issued for damaging public and private properties during the anti-citizenship Amendment Act (CAA) protests last December.
The Allahabad high court (HC) took a suo motu (on its own) cognizance of the hoardings. On March 9, the HC directed the Lucknow administration to remove the hoardings. However, the state government challenged the HC order in the Supreme Court on March 12. The apex court told the UP government that no existing law could back their action and referred the case to a larger bench. The UP cabinet approved the ordinance on Friday after the SC order.
A RETIRED DISTRICT JUDGE OR AN OFFICER OF THE RANK OF ADDITIONAL COMMISSIONER WOULD BE THE CHAIRPERSON OF THE TRIBUNAL