HC Grants Major Relief in MKDKY Claim Rejection Case; Says Delay Reason Should be Fairly Examined

The Allahabad High Court says that the 75-day time limit to make a claim for the Mukhyamantri Krishak Durghatna Kalyan Yojana is limited; it should be at least three years. Further, it ruled that if a delay is made in making a claim for the said scheme, in that case, the concerned authorities should check if the delay is reasonable and thereafter take the final decision.

The Allahabad High Court has delivered a significant judgement in a writ petition filed by Deepa Sharama (petitioner) against the State Of U.P and Others (respondents), challenging an order dated September 26, 2024, through which the petitioner’s claim for the Mukhymantri Krishak Durghatna Kalyan Yojana was cancelled on account of being filed late beyond the statutory time limit of 75 days.

When the court heard the case, it referenced its own ruling in the case titled Gautam Yadav Vs State of U.P. and 3 Others, where it had ruled that the time limit of 75 days to claim the said scheme is extremely unjustified and unfair. The limit should be at least for three years. Additionally, the scheme does not mention any implications for those who fail to make the claim within the time limit of 75 days. The court says that the scheme is beneficial in nature and aims to support affected individuals. However, the time limit to apply for it is extremely limited. In such a case, if the applicant provides a valid reason behind the delay, then the claim should be examined fairly.

The court noted that the concerned authorities had denied the petitioner’s claim without properly considering her explanation for the delay. Hence, finding the rejection unjustified, the court set aside the impugned order dated September 26, 2024. The concerned authorities have been directed to give the petitioner a chance of hearing and, thereafter, issue the final reasonable order within the time period of eight weeks. The writ petition was disposed of with these directions.