Excelsior Correspondent
SRINAGAR, Aug 28: The High Court has sought fresh affidavit from the Government detailing therein compensation provided to the families of victims of formerly Tosamaidan artillery firing range for the loss caused due to artillery shelling and military exercise.
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The Division Bench of Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta has sought the affidavit from the Principal Secretary to Home Affairs and Deputy Commissioner Budgam by or before the next date of hearing.
The bench observed that the affidavit has not been filed and the counsel appearing for both the officials sought further time to file the affidavit. “He is permitted to do so on or before the next date of hearing, with an advance copy to the counsel for the petitioner as well as to TM Shamsi, DSGI”, read the order.
The earlier affidavit filed by DC Budgam indicates that the concerned Tehsildar has furnished a list of 34 deceased persons and the 27 injured persons (victims up to 7/2017) and the Tehsildar Khansahib has also submitted the list of one deceased person and two injured showing the date of incident as 12.08.2018.
The court had said that concerned authorities can work out the quantum of compensation which would be required to be given to the affected persons with the approval of the Government as there is no reason as to why approval should not be given for grant of compensation to the deceased/injured persons.
The NGO-Tosamaidan Front has approached the court through the medium of instant PIL for the redress of grievance of the public at large, seeking appropriate writ, for providing adequate compensation in favour of the families of deceased persons, disabled, handicapped and impaired due to the negligence of authorities.
Since the matter has already been decided by the court in a separate PIL and the directions as per the petitioner till date have not been complied with. The counsel-Bushra Zargar representing the NGO submitted that it 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.
The Government, it is pleaded, authorized the execution of military manoeuvres over the area of Tosamaidan (Budgam) in the year 1965. Due to the field firing and artillery practice carried out by the Army from 1965 to 2014 in and around Tosamaidan, innocent people have lost their lives or been left maimed.
The area, it is added, was apparently given to be used for light weapons, however, all the heavy artillery and high-altitude military exercises were conducted in the areas resulting in huge losses. “The only way to compensate and replenish the area would be through Community driven measures. The area is fit for community driven adventure and tourism”, petitioner advocate submitted before the court.
It is apt to mention here that the Government of JK vide order dated 24.01.2017 has declared Tosamaidan as a tourist destination and has created a separate development authority of the area. However, it is difficult for the victims to establish anything before their rehabilitation and proper compensation.
“The Government of Jammu and Kashmir has not taken any pre-emptive measures in dealing with leftover shells. The widows and disabled persons affected by the firing range approached the concerned Army Unit and District Development Commissioner Budgam”, read the petition. However it is said, the officials did not take any action which has engraved the situation and brought misery upon the victims.
The Government of India has already issued direction with regard to the civilian victims of border shelling and mine blasts and the compensation is fixed at Rs. 5 lakh for dependents or legal heirs of the person who dies or is incapacitated due to the cross border shelling or land mines near LoC.
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