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Democratic Youth Federation of India v. Union of India and Others

Having heard learned counsel for the rival parties, we are of the view, that the remaining aspects, which emerge out of the controversy raised in the instant petition, can be disposed of by directing the respondents – State Governments, to release the entire undisbursed payment of compensation, quantified as Rs. 5 lakhs each, to all the affected persons, within three months from today.

(Jagdish Singh Khehar, C.J. and N.V. Ramana and D.Y. Chandrachud, JJ.)

Democratic Youth Federation of India ___________________ Petitioner;

v.

Union of India and Others _________________________ Respondent(s).

Writ Petition(s) (Civil) No(s). 213/2011, decided on January 10, 2017

(With appln.(s) for directions and exemption from filing O.T.) (For final disposal) With Conmt. Pet.(Crl.) D 23948/2012 In W.P.(C) No. 213/2011

The Order of the court was delivered by

Order

W.P.(C) No. 213 of 2011

1. Having heard learned counsel for the rival parties, we are of the view, that the remaining aspects, which emerge out of the controversy raised in the instant petition, can be disposed of by directing the respondents – State Governments, to release the entire undisbursed payment of compensation, quantified as Rs. 5 lakhs each, to all the affected persons, within three months from today.

2. Needless to mention, that it shall be open to the State Governments to recover the aforestated compensation either from the concerned industry or from the Government of India, in case it is open to the State Governments to make such recovery, in consonance with law.

3. We also hereby direct the State Governments, to take into consideration the feasibility of providing medical facilities/treatment for life-long health issues, arising out of the effects of endosulfan, keeping in mind, that there seems to be a large number of such affected persons.

4. The instant petition is disposed of, in the above terms.

5. As a sequel to the above, pending interlocutory applications also stand disposed of.

CONMT. PET.(Crl.) D 23948/2012 In W.P.(C) No. 213/2011

6. Issue notice to respondent Nos. 1 and 2 alone, at this stage, returnable in two weeks.

7. Personal presence of the respondents/alleged contemnors is dispensed with for the time being.

8. List on 30.01.2017.

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