M.R. Shah JUDGMENT
M.R. Shah, J.
1. The applications for interventions are allowed in terms of the prayer made and the applicants are permitted to intervene in the present proceedings.
2. These two writ petitions have been filed in Public Interest seeking directions to the Respondents-Central/State Governments to provide ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of the deceased who have succumbed to the pandemic of Covid-19, in view of Section 12 of the Disaster Management Act, 2005 (hereinafter referred to as 'DMA 2005'). It is also further prayed for an appropriate direction to the Respondents-State Governments to fulfil their obligation to take care of victims of the calamity and their family members. One another relief which is sought in Writ Petition (Civil) No. 554 of 2021 is to issue an appropriate direction to the Respondents-State Governments to issue any official document stating cause of death, to the family members of the deceased who died due to Covid-19. One additional relief which is sought in Writ Petition (Civil) No. 539 of 2021 is to issue an appropriate writ of mandamus against the Respondents-Union of India and Ors. to provide social security and rehabilitation to the victims of Covid-19. Two applications have been filed in the aforesaid writ petitions by intervenors-family members who have lost their family members due to Covid-19, supporting the prayers sought in the respective writ petitions.
3. Shri S.B. Upadhyay, learned Senior Advocate has appeared on behalf of the Petitioner in Writ Petition (Civil) No. 554 of 2021. Shri Gaurav Kumar Bansal, learned Advocate has appeared as Party in Person in Writ Petition (Civil) No. 539 of 2021. Shri Sumeer Sodhi and Shri Anand S. Jondhale, learned Advocates have appeared on behalf of the intervenors in the respective intervention applications. Shri Tushar Mehta, learned Solicitor General along with Shri K.M. Natraj and Ms. Aishwarya Bhati, learned Additional Solicitor Generals have appeared on behalf of the Union of India.
3.1. Shri S.B. Upadhyay, learned Senior Advocate appearing on behalf of the Petitioner in Writ Petition (Civil) No. 554 of 2021 has submitted that admittedly Covid-19 is a "Notified Disaster" and therefore the provisions of the DMA 2005 shall apply. It is submitted that as such vide letter dated 14.03.2020, Ministry of Home Affairs, Union of India has stated that the Central Government, keeping in view the spread of Covid-19 virus in India, has decided to treat it as "Notified Disaster" for the purpose of providing assistance under State Disaster Response Fund (SDRF). It is submitted that earlier as per the letter/communication dated 8.4.2015, the Government of India, Ministry of Home Affairs (Disaster Management Division) issued revised list and norms of assistance from SDRF and National Disaster Response Fund (NDRF). It is submitted that as per the said letter, for any death which is caused due to disaster, an amount of Rs. 4 lacs is to be paid to the victim's family, in addition to other reliefs. It is submitted therefore on the same line and applying the same criteria, the family members of those who have succumbed to Covid-19 are to be provided ex gratia monetary compensation of Rs. 4 lacs, as Covid-19 is also treated, considered and declared as "Notified Disaster".
3.2. It is further........