The trial court had awarded Rs 4 lakh with 9% interest as compensation for losses allegedly suffered during the 2002 communal riots. (File Photo)The high court of Gujarat on Friday quashed a trial court’s award of Rs 4 lakh compensation to a victim of the 2002 Gujarat riots, holding that the trial court’s findings were based on “surmises, conjunctures and presumption” and lacked evidence to assess the damage to the plaintiff. It then sent the case back to the trial court for a fresh decision.Justice JC Doshi of the Gujarat HC was hearing the appeal filed by the State of Gujarat challenging a 2011 judgment of the court of the principal senior civil judge of Panchmahal, which had partly allowed a 2006 civil suit filed by plaintiff Aagakhan Sultankhan Pathan. The trial court had awarded Rs 4 lakh with 9% interest as compensation for losses allegedly suffered during the 2002 communal riots.The HC judgment clarified the limit of civil court intervention in riot compensation cases, emphasising reliance on evidence and the distinct nature of ex gratia relief. The case will now be reheard, potentially reshaping how similar claims are adjudicated in Gujarat.Pathan had claimed that his residence and hotel, named ‘Tandoor’, were attacked, robbed, and destroyed by a mob, causing total losses of Rs 12 lakh. He also alleged that the official survey conducted by revenue officials (talati-cum-mantri) had significantly underestimated the actual loss and damage. Pathan had stated that he was not paid sufficiently to cover the loss he sustained due to the outbreak of the riot, the HC order noted.In submissions before the court, the State contended that the plaintiff had already been granted ex gratia compensation of Rs 15,000 and Rs 1.35 lakh and, thus, the civil courts “cannot examine the plea of the plaintiff to grant any amount of compensation” beyond the framework of such schemes. The state also submitted that the trial court’s judgment was “totally erroneous” and deserved to be set aside, the HC judgment noted.Considering the case to be a fit one to quash and its judgement set aside, the HC held, “Grant of ex gratia amount towards compensation cannot be equated to decide that the report prepared by the talati-cum-mantri and other revenue officers is false. Perhaps, the learned civil court is confused by itself. Ex gratia is an amount generally decided by the State or Central Government to grant compensation to the persons who suffer due to some incident which, in the present case, is a communal riot outbreak. It does not require to be granted on a specific and actual assessment of compensation.”The judgment further states, “It is a case where civil court perhaps sits over the assessment of the revenue officers and granted the compensation. The findings… mostly based on surmises, conjunctures and presumption. There is no evidence on record to assess the actual damages caused to the plaintiff…”Story continues below this adThe court quashed and set aside the award passed by the trial court and restored the civil suit proceedings, directing the trial court to decide the case “as early as possible, preferably within a period of nine months from the receipt of this order”.Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). 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