Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 1 December, 2022
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/5
GAHC010022382021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/870/2021
HUKUM ALI AND ANR
S/O IBRAHIM ALI
(FATHER OF THE VICTIM ROISUDDIN )
RESIDENT OF VILLAGE KHUTABAGRA PART II
PO ALOMGANJ, DIST KOKRAJHAR, BTAD ASSAM
2: SHRI AJMAT ALI @ AJAMAT ALI
S/O LATE SIKANDAR ALI
(FATHER OF THE VICTIM SOHIDUL ISLAM )
RESIDENT OF VILLAGE KHUTABAGRA
PO ALOMGANJ
DIST KOKRAJHAR
BTAD ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
REVENUE AND DISASTER MANAGEMENT DEPARTMENT, RELIEF AND
REHABILATION BRANCH, DISPUR, GUWAHATI 6
2:THE DEPUTY COMMISSIONER AND CHAIRMAN
DISTRICT DISASTER MANAGEMENT AUTHORITY
KAMRUP (M) GUWAHATI 1
3:THE ADDITIONAL DEPUTY COMMISSIONER AND CEO
DDMA
KAMRUP M GUWAHATI 1
4:THE COMMISSIONER OF POLICE
GUWAHATI
KAMRUP M
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5:THE CIRCLE OFFICER
DISPUR
REVENUE CIRCLE
KAMRUP (M) GUWAHATI 2
Advocate for the Petitioner : MD. S ALOM
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 01-12-2022 Heard Mr. S. Alom, learned counsel for the petitioners and Mr. S. Dutta, learned counsel for the respondent No. 1 being the authorities under the Revenue and Disaster Management Department of the Government of Assam. Also heard Ms. M. Barma, learned Junior Government Advocate for the respondents No. 2, 3, 4 and 5, respectively being the Deputy Commissioner, Kamrup(M), Addl. Deputy Commissioner, Kamrup(M), Commissioner of Police, Kamrup(M), and Circle Officer, Dispur Revenue Circle.
2. The petitioner No. 1 Hukum Ali is the father of the deceased Roisuddin Ali and the petitioner No. 2 Asmat Ali is the father of the deceased Soidul Ali. The two deceased Roisuddin Ali and Asmat Ali who were meeting their livelihood by indulging in daily labour were engaged for cutting earth for constructing the boundary wall of Icon Academy English School at Chapaidung under Pragjyotishpur Police Station. While the two deceased persons were working on 05.04.2017, on being engaged as daily wage labourer, there was a land slide in the hill which was being cut and as a consequence, both of them died.
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3. We firstly take note that the two persons died while working in a private place and in this respect, Pragjyotishpur P.S. Case No. 48/2017 under Sections 304(A)/188/336 of the Indian Penal Code (IPC) was registered. In Pragjyotishpur P.S. Case No. 304(A)/188/336 of the IPC, a charge sheet bearing No. C.S. No. 22/2017 under Section 188/304(A)/34 of the IPC was submitted in respect of three accused persons namely, Debasish Bora, Dipanju Bora and Radha Bora.
4. In the aforesaid circumstance, this writ petition is instituted by the two fathers of the deceased persons claiming for compensation under the MHA letter No. 32-7/2014-NDM-I dated 08.04.2015, which provides for list of items and norms for assistance from State Disaster Response Fund and National Disaster Response Fund. Reference is made to Clause 1(a) of the said letter dated 08.04.2015 which provides for an ex-gratia of Rs. 4,00,000/- per deceased person to those involved in relief operations or associated in preparedness activities etc.
5. The respondents in the Revenue and Disaster Management Department as well as the District Administration, Kamrup(M) take the stand that the compensation provided in the MHA letter dated 08.04.2015 is applicable only in respect of events that happen in course of a natural disaster and not otherwise. It is further stated that an act of there being a land slide while illegally cutting the earth in a hill within a private premises will not come within the meaning of a natural disaster and therefore, the compensation claimed would be inapplicable.
6. We do not find any reason for not agreeing with the stand of the respondent authorities as indicated above. A further claim is that in the alternative, the petitioners may be ordered for payment of compensation under Page No.# 4/5 the notification dated 15.11.2014 which provides for an ex-gratia payment of Rs. 2,00,000/- in course of a death in a public place or in a public carrier. The respondents in the Revenue and Disaster Management Department as well as the District Administration respond that even the compensation admissible under the said notification would also be inapplicable in the present case as the incident had occurred within the private land of certain persons and not in a public place nor in any public vehicle. As there is a reference of an information being provided to the police as regards the event which resulted in the death of the sons of the two petitioners, we requested the Officer-in-charge of Noonmati Police Station to inform the Court as to what police case may have been registered and the information provided by Mr. Prasanta Borah, Officer-in-charge of Noonmati Police Station who is personally present before the Court is that in respect of the incident concerned, PRC Case No. 0002836/2021 has been registered and the said matter is presently in the stage of trial after the charge sheet had been submitted. It is stated that the PRC Case No. 0002836/2021 is presently pending in the Court of learned Addl. Chief Judicial Magistrate, Kamrup(M) and the next date of hearing is fixed on 04.01.2023.
7. As it appears to be an admitted case where the sons of the petitioners died in an incident of land slide which took place within the private premises, we are of the view that the petitioners can contemplate and make claim for appropriate compensation, if so advised under Section 357A of the Code of Criminal Procedure (Cr.P.C.), which provides for some compensation to the victims. In this respect, the Assam Victim Compensation Scheme, 2012 made under Section 357A of the Cr.P.C. is placed before the Court. Clause 5(1) of the said scheme provides that whenever a recommendation is made by the Court or an application is made by any victim or his dependents under Section 357A(2) of Page No.# 5/5 the Cr.P.C. to the State Legal Services Authority or the District Legal Services Authority, as the case may be, the Authorities shall examine and verify the contents of the claim and pass appropriate order. As there is also a provision of recommendation being made by the Court and as it is a case where the trial in the matter is pending as regards the incident where the sons of the two petitioners died, the petitioners may submit their claim before the Court where the trial is pending for compensation under Section 357A of the Cr.P.C. In doing so, we take note that Section 2(wa) of the Cr.P.C. defines a 'victim' to mean a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression 'victim' includes his or her guardian or legal heir.
8. In the instant case, on the death of the respective sons the two petitioners have suffered a loss or injury being the fathers of the two deceased persons and therefore, would also be a victim within the meaning of the expression 'victim' under Section 2(wa) of the Cr.P.C. If any application is filed by the petitioners, the learned Court may take note that it would be an application by a victim as defined under Section 2(wa) of the Cr.P.C. and appropriate orders may be passed.
9. Writ petition stands disposed of as indicated above.
10. We appreciate the assistance of Mr. Prasanta Borah, Officer-in-charge of Noonmati Police Station.
11. Personal appearance is dispensed with.
JUDGE Comparing Assistant