Today (February 28), in response to the Mumbai Terror Attack victim’s plea for housing under the EWS quota, the Bombay High Court has urged the state to consider the request.“We would certainly not appreciate the court being foisted with official files when the decision in the file, in our opinion, would not satisfy the test of law. We are quite astonished at the snail’s pace at which the decision is taken, especially in a matter which raises issues of basic human rights and right to shelter for a victim of terrorist attack.”
Mumbai, Maharashtra: Today (February February), the Bombay High Court has urged the Maharashtra government to consider the plea of Devika Rotawan, a survivor of the 2008 Mumbai terror attacks, regarding housing under the economically weaker section (EWS) scheme with the utmost sensitivity, given her extraordinary circumstances.
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A division bench comprising Justice GS Kulkarni and Justice Firdosh Pooniwalla directed the housing department of the Maharashtra government to handle Rotawan’s case as an exceptional one, emphasizing the importance of basic human rights and compassion.
The Court emphasized the unique nature of Rotawan’s situation, highlighting her status as a victim of a terrorist attack and the significant challenges she faces due to her health conditions resulting from the attack.
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“You are not getting hundreds of such claims of children. This is one such case which may require consideration. When a genuine case is presented before the department, the same would certainly require more human sensitivity and basic human rights. More particularly since it is a victim of a terrorist attack. In our opinion, these are real cases where there would be a need for authorities to exercise discretion appropriately which is otherwise routinely exercised and found to be in cases which we should not be in par with a case as the present case. We urge the Minister to take an appropriate decision,”
the Court said.
Rotawan, who sustained injuries during the 2008 terror attack and underwent multiple surgeries, revealed that she continues to suffer from various ailments requiring ongoing medical treatment. Moreover, she played a crucial role as a witness in the prosecution of the attackers, including the conviction of Ajmal Kasab.
Despite receiving limited compensation for the hardships endured during the attack, Rotawan found herself unable to afford housing, prompting her to seek assistance from the housing department under the EWS scheme.
“We have perused the decision, and we find that the basic reasons that ought to have persuaded the department to make an exception in this case, which is not a normal case, are absent. There is no application of mind to the nature of the request.”
the court observed.
Previously, the High Court had instructed the housing department to consider Rotawan’s request. However, during the recent hearing, it was revealed that her plea had not been adequately addressed by the department.
Expressing dissatisfaction with the department’s response, the Court criticized the decision to dismiss Rotawan’s application without due consideration of her exceptional circumstances and basic rights.
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The division bench rebuked the department’s approach, describing its decision-making process as mechanical and lacking the necessary sensitivity required for cases involving fundamental human rights.
“We would certainly not appreciate the court being foisted with official files when the decision in the file in our opinion would not satisfy the test of law. We are quite astonished at the snail’s pace at which the decision is taken that too in a matter which raises issues of basic human rights and right to shelter of a victim of terrorist attack,”
the Court added in its order.
Consequently, the Court directed the matter to be escalated to the Minister of Housing for a thorough review and appropriate decision-making process. It stressed the urgency of the situation and adjourned the proceedings for two weeks, expecting the housing minister to present a well-considered decision.
CASE TITLE: [Devika Rotawan v. State of Maharashtra & Ors]
