CAA protests: Damages recovery to be handled like civil issue, says Meerut ADM
Last week, the district administration demanded close to Rs 25,000 each from more than 140 people for the damage in the city during violence amid the protests against the new citizenship law on December 20, which left five people dead.
This is the first such exercise undertaken by the government. (Express photo by Vishal Srivastav)
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Meerut Additional District Magistrate Ajay Kumar Tiwari has said that the process of recovering money from those who destroyed public property will be handled like any other civil issue.
Last week, the district administration demanded close to Rs 25,000 each from more than 140 people for the damage in the city during violence amid the protests against the new citizenship law on December 20, which left five people dead. This is the first such exercise undertaken by the government.
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“The process (of recovery) has just been initiated. If a police station is prima facie satisfied that an individual destroyed public property, a notice is issued directing the person to show cause within seven days,” Tiwari said.
“Seven days is allowed but if a person requests, a reasonable extension will be given,” he added.
Legally, the showcause notices have to be served in person, wherever possible. Additionally, it can be served through next of kin or, if all other means fail, can be served through placing an advertisement in a newspaper.
As of Friday, no response to the show causes issued had been received by the ADM’s office.
“As per the Civil Procedure Code, a balance of probability will be kept in mind like in all civil cases. The accused is free to bring a lawyer and witnesses who can make a case that he was not involved in destruction of public property,” he said. The ADM will be the adjudicating authority and parties can challenge the order subsequently in court.
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“The loss of property for the administration is the same even if it is worth Re 1 or Rs 1 lakh. This is the idea behind holding those who caused damage responsible. How much each guilty individual pays depends on many other factors,” Tiwari said.
The proportion of damages to be recovered from an individual will be determined in the next step after a detailed hearing, he said.
“The punitive liability is important because the administration is recovering damages for the tax payer and not for itself. The damage is borne by the tax payer if it is not recovered by the actual perpetrators,” Tiwari said.
According to preliminary estimate prepared by the PWD, Nagar Nigam, Meerut Development Authority and Road Transport Office for police vehicles that were damaged, the total cost of damaged property is pegged at Rs 40.87 lakh.
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“As of now, it is a rough estimate. I have asked for an elaborate report. For example, if railings or dividers have been damaged, then length, description and cost along with photographs will be collected to arrive at the figure,” he said.
Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More