26/11 survivor moves HC again for allotment of residential premises

A compensation of ₹13.26 lakh was handed over to Ms. Rotawan on compassionate grounds

The youngest survivor and eye witness of the 26/11 Mumbai terror attacks, has moved the Bombay High Court on Thursday, seeking residential premises after the Maharashtra government rejected her plea.

A division bench of Justices S.V. Gangapurwala and M.S. Karnik was hearing a plea filed by Mr. Devika Rotawan, 23, contending that the State government rejected her representation for allotment of residential premises, hence the petition. She had also moved the high court in 2020, and the court had then, directed the State to consider her plea.

On Thursday, Maharashtra government’s counsel Ms. Jyoti Chavan informed the court, that as per directions from the court in October 2020, a compensation of ₹13.26 lakh was handed over to Ms. Rotawan, on compassionate grounds. The advocate appearing for the Union government, Ms. R. Bubna said, that Ms. Rotawan was given a compensation of ₹10 lakh after the attacks, as per government policy. He said she (Ms. Rotawan) cannot be demanding more as a matter of right. The court adjourned the matter to October 12, as no lawyer was present for Ms. Rotawan.

On November 26, 2008, Ms. Rotawan, 9, along with her father and brother, reached CST station at 9 p.m. to catch a train to Pune. The petition mentions, “at about 9.50 p.m., the family heard a loud sound of explosion, hearing which they decided to leave the station. The terrorists were throwing hand grenades and firing indiscriminately at public. The terrorist were armed with highly sophisticated and lethal weapons and ammunitions.”

It was just then that Ms. Rotawan sustained a bullet injury fired by Ajmal Kasab, on her right leg. She was operated as many as six times for about one and a half month, and was bed-ridden for six months. The monetary compensation awarded to her was spent in medical treatment. She was also a key eye witness who identified Kasab during the trial.

Her first petition mentioned, “After the incident some representatives of the State government visited her house and found out that her financial condition is very poor and there is no permanent source of income for the family. They then promised an allotment of residential accommodation under the Economic Weaker Section scheme and award of monetary compensation for her education.”

“In 2009, Ms. Rotawan along with her father made several representations to the State for residential accommodation and some assistance for her education. However all went in vain. She had also written several number of communications to the prime minister and the chief minister, however she has not received any response. On July 19, 2020, she made a representation to the chief secretary of the State government requesting allotment of residential accommodation on compassionate grounds however to no avail. She has tuberculosis, her father is over 60 years old and her brother has a spinal cord problem and is suffering from hernia.”