वन्यप्राणी हल्ल्यामुळे मृत झालेल्या व्यक्तीच्या वारसांना देय अर्थसहाय्याची रक्कम तात्काळ धनादेशाद्वारे देऊन व उर्वरित रक्कम ज्या कालावधी साठी फिक्स डीपॉझिट ठेवली आहे तो कालावधी पूर्ण होण्या अगोदर पैसे काढता येणार नाही - मुंबई उच्च न्यायालय, नागपूर खंडपीठाचा निकाल

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5760 OF 2017

 Salimabee Mohmmad Shah and others

-VS.-

State of Maharashtra, Revenue and Forest Department, thr.its Secretary and others

CORAM:- SMT.VASANTI A NAIK & ARUN                      D. UPADHYE, JJ.

 DATE : 05.01.2018

By this writ petition, the petitioners seek a direction against the respondents to consider the application of the COURT OF petitioners dated 10/06/2017 and direct the respondents to release the entire amount of compensation in favour of the petitioners.

The husband of the petitioner No.1 was attacked by a sloth bear on 04/09/2016 and he died due to the said attack. As per the policy of the State Government, the family members of the victim, who dies due to the attack of wild animals including sloth bear are entitled to the compensation of Rs.8,00,000/- as per the government resolution dated 16/01/2015. As per the government resolution, a sum of Rs.1,00,000/- is immediately payable to the family members of the victim as compensation and the remaining amount of Rs.7,00,000/- is liable to be kept in a fixed deposit account in a nationalized bank and the monthly interest that accrues on the same is liable to be released in favour of the family members of the victim. According to the petitioners, the amount of Rs.1,00,000/- was released in their favour and the remaining amount of Rs.7,00,000/- was placed in a nationalized bank. It is the case of the petitioners that since the petitioners are Mohammedans, they are not entitled to enjoy the interest accrued on the deposits kept in the bank. It is further stated that the

petitioner No.3 has entered into an agreement for purchasing land and hence, the petitioners require the amount of Rs.7,00,000/- that is invested in the nationalized bank as per the policy of the government.

We are afraid, that the relief sought by the petitioners cannot be granted, in exercise of the writ jurisdiction. Firstly, it is not proved that in the religion of the petitioners, it is not permissible to enjoy and utilize the interest that accrues on the money deposits made in the names of the Mohammedans in the banks. Be that as it may, even if the statement made on behalf of the petitioners is accepted, the petitioners would not be entitled to withdraw the balance amount of Rs. 7,00,000/- even if they do not receive the interest, which is payable to them either monthly or yearly. Merely because the petitioner No.3 has entered into an agreement for purchase of land, the policy of the government cannot be given a go-bye so as to release the entire amount of Rs.7,00,000/- in favour of the petitioners. If such a prayer is granted, the policy will not be adhered to and the family members of the victim would time and again approach this court with a prayer that the entire amount should be released in their favour because they have entered into an agreement for purchase of land or they are in need of money for some other purpose. We find that the prayer made in the writ petition is not well founded and the same cannot be granted, in view of the policy of the government in the government resolutions of the year 2013 and 2015. COURT

In the result, we dismiss the writ petition with no order as to costs.