REEPAK KANSAL versus UNION OF INDIA AND OTHERS

Citation: [2021] 6 S.C.R. 920 · Decided: 30-06-2021 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 6 S.C.R.
920
REEPAK KANSAL
v.
UNION OF INDIA AND OTHERS
(Writ Petition (Civil) No. 554 of 2021)
June 30, 2021
[ASHOK BHUSHAN AND M. R. SHAH, JJ.]
Covid-19 Pandemic: Disaster Management Act, 2005 – ss.12,
2(d), 2(e), 2(i), 2(m), 6, 10, 19, 46 and 48 – Prayer for directions to
National Disaster Management Authority (NDMA)/Central
Government/State Governments to provide ex gratia monetary
compensation to the families of the deceased persons who
succumbed to the pandemic of Covid-19, in view of s.12 of the Act
– Whether the word “shall” used in s.12 of the Act is to be interpreted
and considered as “shall” or “may” and whether it is “mandatory”
or “directory/discretionary” for the National Disaster Management
Authority to recommend guidelines for the minimum standards of
relief to be provided to persons affected by disasters including ex
gratia assistance on account of loss of life – Held: To construe the
word “shall” as “may” and as directory/ discretionary, the very
object and purpose of the Act will be defeated – The word “shall”
used twice in s.12 significantly imposes a duty cast upon the National
Disaster Management Authority to issue guidelines for the minimum
standards of relief which shall include ex gratia assistance on
account of loss of life as also assistance on account of damage to
houses and for restoration of means of livelihood – Provisions of
s.12 has to be applied to Covid-19 pandemic which is declared as
“notified disaster”/national disaster – National Disaster
Management Authority failed to perform its statutory duty cast u/
s.12 and therefore a writ of mandamus is to be issued – National
Disaster Management Authority directed to recommend guidelines
for ex gratia assistance on account of loss of life to the family
members of the persons who died due to Covid-19, as mandated u/
s.12(iii) of DMA 2005 for the minimum standards of relief to be
provided to the persons affected by disaster-Covid 19 Pandemic,
over and above the guidelines already recommended for the minimum
standards of relief to be provided to persons affected by Covid-19
– However, what reasonable amount to be offered towards ex gratia
[2021] 6 S.C.R. 920
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assistance is left to the wisdom of National Disaster Management
Authority.
Covid-19 Pandemic: Disaster Management Act, 2005 – ss.
12, 2(d), 2(e), 2(i), 2(m), 6, 10, 19, 46 and 48 – Prayer for directions
to National Disaster Management Authority (NDMA)/Central
Government/State Governments to provide ex gratia monetary
compensation to the families of the deceased persons who
succumbed to the pandemic of Covid-19 – Whether a writ of
mandamus can be issued directing the Central Government/National
Authority/State Governments to pay a particular amount by way of
ex gratia assistance, more particularly Rs. 4 lacs, as prayed by the
petitioners – Whether the Court can/may direct to pay a particular
amount by way of ex gratia assistance – Held: The Government should
be free to take policy decisions/decide priorities (of course to
achieve the ultimate goal of DMA 2005, government should be free
to take its own decisions/priorities while providing minimum
standards of relief and even towards preparedness, mitigation,
prevention and recovery), subject to the availability of the resources/
funds and the amount to be spent towards other reliefs on the aid
and advice of the experts and looking to the circumstances from
time to time – Therefore, no relief can be granted to direct the
National Authority/Central Government/State Governments to pay
a particular amount towards ex gratia assistance on account of loss
of life to the family members of the persons who have died due to
Covid-19 – Some States are paying ex gratia assistance to the family
members of the persons who have died due to Covid-19 pandemic –
However, the same is paid from the Chief Minister Relief Fund or
other relief funds, but not from State Disaster Response Fund (SDRF)
– To avoid any heart-burning and discriminatory treatment, it would
be appropriate for the National Authority to recommend uniform
guidelines while providing for the minimum standards of relief in
the form of ex gratia assistance on account of loss of life, as mandated
under s.12 of the Act – However, at the same time, it will always be
open for the concerned States to provide for ex gratia assistance
on account of loss of life and other reliefs from their own relief
funds (other than SDRF) as it wo

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