COURT PULLS UP STATE GOVERNMENT FOR DELAY IN PAYMENT OF COMPENSATION .. HC asks Sikkim to pay ex-gratia for yak deaths

RAJEEV RAVIDAS, TT, 30 Nov 2019, Gangtok. The Sikkim High Court has ordered the state government to disburse Rs 45.90 lakh within four months to yak herders of North Sikkim for the death of their cattle from starvation in the last winter and pulled up the administration for the delay in the payment of the compensation.

Disposing of a suo motu public interest litigation in connection with the starvation death of over 300 yaks in North Sikkim between December 2018 and March 2019, the high court also directed the government to put in place adequate measures to deal with similar disasters in the future. Over 300 yaks had starved to death in the Muguthang, Lashyar and Lachen valleys of North Sikkim last winter, but the tragedy was uncovered only in May after the area became accessible following the meltdown of snow. After the winter had begun, people came downhill and the yaks remained in the valleys.

The division bench of the high court comprising Chief Justice Arup Kumar Goswami and Justice Bhaskar Raj Pradhan in its November 26 order noted that the ex-gratia of Rs 45.90 lakh payable to the herders on account of the death of their yaks had not been paid.

"The respondents (read the state government) are di- A yak found dead in North Sikkim last winter rected to disburse the aforesaid amount within a period of four months from this date," reads the order.

The sources said Rs 45.90 lakh was the combined compensation to be paid to the herders. Norms say Rs 30,000 is the compensation for a yak's death.

The court also reminded that it was the responsibility of the state government to deal with such disasters.

"It is the State which has to adopt and formulate strategies to combat a disaster...the Court had to step in because of the calamity and to nudge the respondents to come up with appropriate measures to tackle the situation should there be a recurrence of unprecedented snowfall for a prolonged period," it said.

While noting that the state had taken some steps on the ground to deal with such situation, the court said more needed to be done.

The government, on its part, assured the court that it had kept aside Rs 26.09 lakh in the current fiscal for the welfare of yaks and the money would be utilised to purchase feed and fodder, ambulance, medicines, equipment and tents, besides for other contingency expenditure.

The government said it had also arranged an interim relief of Rs 18.10 lakh, out of which Rs 9.20 lakh would be used to purchase 20 metric ton of feed and Rs 8.89 lakh to buy an ambulance. It said the state's planning and development department had committed to providing fund in the supplementary budget.

As per the latest survey conducted by the state government in October, there are 79 yak herding households in North Sikkim with a yak population of 3230, including 1184 male, 1585 female and 461 calves..