New Delhi: In a relief to the Gujarat government, the Supreme Court on Tuesday set aside the High Court order asking the state government to pay for the reconstruction and repair work of religious structures damaged during the 2002 post-Godhra riots.
A bench of Chief Justice Dipak Misra and Justice PC Pant allowed the state government's appeal challenging the Gujarat High Court verdict that it should pay for reconstruction and repair works of religious structures damaged during riots.
The bench, however, said the state government's scheme of paying ex gratia of Rs 50,000 for damaged residential and commercial properties would apply to religious properties as well.
Additional Solicitor General Tushar Mehta, who had represented the state government, said that "our plea has been allowed" and moreover the state government had told the court that it was willing to pay from ex-gratia amount for repair and reconstruction works of various structures, shops and houses which were damaged.
"This scheme (of the government) has been accepted," PTI quoted Mehta saying.
The court was hearing an appeal filed by the state government against an order of the high court directing it to pay compensation to over 500 shrines damaged during the 2002 riots, triggered after the Godhra incident.
Earlier in April this year, the Supreme Court observed that it will pass an order on the issue whether a court can direct the state to fund the restoration of religious structures damaged due to its failure to maintain law and order, as it happened during the 2002 Gujarat riots.
The court while reserving its verdict asked the parties to file written submissions in the matter but clarified that "it should not be on communal lines".
The bench was hearing a petition filed by the Gujarat government challenging the 2012 order of the High Court directing it to pay compensation to over 500 shrines damaged during the post-Godhra riots.
The High Court had issued an interim direction for computation of actual damages to the places of worship to be made by 'special officers' who were District Judges.
While Gujarat government had sought quashing of the High Court order contending that it was neither manageable, enforceable or capable of execution as per law, the IRCG had said the state government is liable to compensate those who suffered damages.
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