Enforcing for the first time the apex court’s guidelines to assess damages to private and public property due to bandhs and agitations in the State, the High Court of Karnataka on Tuesday ordered the appointment of Claims Commissioners for this purpose. They will assess damages caused during three bandh calls in 2018 related to the Mahadayi river dispute, and bandhs and agitations held against the arrest of former Minister D.K. Shivakumar last year.
The court directed the State government to appoint retired district judge Mohammadgouse M. Patil as Claims Commissioner to assess damages caused during bandhs on January 25, February 4, and April 12 of 2018 on the Mahadayi dispute and to appoint retired district judge C.R. Benakanahalli as Claims Commissioner for bandh and agitations held from September 4 to 11, 2019, in relation to Mr. Shivakumar’s arrest, across the State.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar passed the interim order during the hearing of three separate PIL petitions, filed by Shraddha Parents’ Association, advocates Nagaraj Sharma and Raghavendra S.R., and Ravikumar Kanchanahalli, on incidents related to bandh calls on both issues.
The Bench directed the government to issue a notification of appointment of Claims Commissioners and staff for them within three weeks from the availability of the copy of the order on the court’s website and provide all necessary infrastructure like offices, transport facilities with drivers, computers, etc., within six weeks. As it is full-time work, the Bench directed the government to extend remuneration and perks of the principal district judges to the commissioners.
The Bench said that it was open to the commissioners appointing assessors of their choice from the list of seven empanelled assessors/valuers submitted to the court by the government; to device their own procedure for assessment of damages to private and public properties; and to investigate liabilities by adhering to the principles of natural justice.
The commissioners should file reports to the court seeking summoning of existing videos or other recordings from private and public sources to pinpoint the damage and establish a nexus with the perpetrators of the damage, the Bench said.
As per SC guidelines from 2009, damages should be assessed include: damages to public property; damages to private property; damages causing injury or death to a person or persons; cost of the actions by the authorities and police to take preventive and other actions.
Also, the Bench said that the commissioners can issue public notice inviting details of damages caused during 2018 and 2019 and claims from individuals and organisations for the damages suffered while giving liberty to the petitioner to assist the commissioners in this regard.
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