REEPAK KANSAL versus UNION OF INDIA AND OTHERS

REEPAK KANSAL versus UNION OF INDIA AND OTHERS

Parties
Petitioner: Reepak Kansal; Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
30 June 2021
Procedural Posture
Writ Petition (civil) / Disposed (final Judgment)
Legal Topics
Disaster Management Act, 2005 S.12 (minimum Standards of Relief), Ex Gratia Compensation for Covid 19 Deaths, Issuance and Correction of Death Certificates, Mandamus to Statutory Authority, Role of Finance Commission Recommendations, Scope of Judicial Review in Economic/policy Matters
Disaster Management Administrative Law Constitutional Law Public Health Law Judicial Review Statutory Interpretation Disaster Management Act, 2005 S.12 (minimum Standards of Relief) Ex Gratia Compensation for Covid 19 Deaths +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Party arguments 1
Sign in to unlock

Parties

Reepak Kansal

Petitioner

Union of India and Others

Respondent

Procedural Posture

Writ Petition (civil) / Disposed (final Judgment)

Legal Issues

  1. 1 Whether Section 12 of the Disaster Management Act, 2005 (use of 'shall') imposes a mandatory duty on the National Disaster Management Authority (NDMA) to recommend guidelines for minimum standards of relief including ex gratia assistance for loss of life
  2. 2 Whether the Court can issue a mandamus directing payment of a specific ex gratia amount (Rs. 4 lakhs) to families of persons who died due to Covid-19
  3. 3 Whether Covid-19 (notified disaster) falls within the scope of DMA 2005 and Section 12's application