Gauhati High Court
Jonaki Das vs The State Of Assam And 5 Ors on 14 February, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/6
GAHC010202782021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7050/2021
JONAKI DAS
W/O- LATE MRINAL DAS
R/O- H/NO. 5, SANAI PATH, BY LANE NO-2, NEAR MUSUNG OKUM,
JAPORIGOG, KRISHNANAGAR BAZAR, DIST- KAMRUP (M), PHONE NO.
8749875545
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, GHY-06
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER
MANAGEMENT DEPARTMENT
DISPUR
GHY-06
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GHY-06
4:THE DEPUTY COMMISSIONER
KAMRUP (M)
PIN- 781008
5:THE CIRCLE OFFICER
BELTOLA CIRCLE
PIN- 781028
6:THE OFFICER-IN-CHARGE
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OF CHANDMARI P/S
GHY- 78100
Advocate for the Petitioner : MR MINTU SAIKIA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 14-02-2022 Heard Mr. R. Talukdar, learned Junior Government Advocate for the respondent nos. 1, 4, 5 and 6 and Mr. P.S. Deka, learned Standing Counsel, Revenue and Disaster Management Department for the respondent no. 2.
2. Though none has appeared for the petitioner today on call, both Mr. Deka and Mr. Talukdar have submitted that this writ petition can be disposed of at this stage in the manner similar writ petitions including W.P.[C] no. 2624/2021, were disposed of earlier.
3. The petitioner has instituted this writ petition under Article 226 of the Constitution of India seeking inter alia a direction to the State respondent authorities to disburse an ex-gratia amount of Rs. 2,00,000/- in terms of a notification dated 15.11.2014 of the Revenue and Disaster Management Department, Government of Assam claiming that she is the Next of Kin [NoK] of a deceased person viz. Late Santanu Das, who died in a road traffic accident occurred at a public place.
4. The petitioner has claimed to be the mother of the said deceased person, Late Santanu Das.
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5. The case projected by the petitioner, in brief, is that at around 09-30 p.m. on 10.03.2021, Santanu Das was standing on the Chandmari flyover near a two wheeler bearing registration no. AS-01/EK-0397. At that point of time, a four wheeler vehicle [Swift] bearing registration no. AS-01/DV-4330, by coming from Chandmari side towards Gauhati Commerce College side, hit Santanu Das all of a sudden. As a result of the said accident, Santanu Das sustained serious injuries and he was taken immediately thereafter, to the Gauhati Medical College and Hospital [GMCH] for treatment but the doctors at the GMCH declared Santanu Das as brought dead. In connection with the incident, the brother of the deceased lodged one First Information Report [FIR] before the Officer-in- Charge, Chandmari Police Station on 11.03.2021 and the said FIR was registered as Chandmari Police Station Case no. 233/2021 under Sections 279/304A, Indian Penal Code. A death certificate recording the death of Santanu Das was also issued by the Registrar of Births & Deaths, Joint Director of Health Services, Kamrup [M] on 10.05.2021. After the death her son, the petitioner had submitted a representation dated 15.07.2021 before the Deputy Commissioner, Kamrup [M] seeking the ex-gratia amount of Rs. 2,00,000/- of the deceased person in terms of the policy framed by the Government of Assam in the Revenue and Disaster Management Department and as notified by the notification dated 15.11.2014. The said representation was acknowledged by the office of the respondent no. 4 under its seal and signature on 17.07.2021. When no response was received from the end of the respondent no. 4, the petitioner is constrained to file the writ petition seeking the above direction.
6. It has, thus, been contended on behalf of the petitioner that she is the Next of Kin [NoK] of the person who died in an accident occurred on 10.03.2020 at a public place. It is further contended that as such Next of Kin [NoK] of the Page No.# 4/6 person killed in such accident, she is entitled to receive the quantum of relief in terms of the policy formulated by the State Government, which has been notified by the notification dated 15.11.2014.
7. On perusal of the said notification dated 15.11.2014, it is noticed that the same has, inter-alia, made a provision for ex gratia grants to the Next of Kin [NoK] of persons killed due to accidents in public places or in public carrier [other than killed by extremist/terrorist, miscreants and due to firing of security forces] and such relief has been quantified at Rs. 2,00,000/- for each deceased person in respect of accident which had occurred in the State on or after the date of the notification i.e. 15.11.2014.
8. It has been brought to the notice of the Court by the learned counsel for the parties that due to certain ambiguity with regard to the term, 'public place', another notification bearing no. R.R.94/2003/288 dated 15.10.2014 came to be issued by the Revenue & Disaster Management Department, Government of Assam for removal of the ambiguity.
9. As per the notification dated 15.10.2014 [supra], the word 'public place' will mean any street, alley, park, public building, any place of business or assembly open to or frequented by the public or any other place, which is open to the public view or to which public has access.
10. Both Mr. Deka and Mr. Talukdar are not in disagreement of the fact that in this writ petition, the petitioner has claimed that the alleged accident in question had occurred subsequent to 15.11.2014. It is submitted by Mr. Deka and Mr. Talukdar, in unison, that before placing the matter before the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department, the concerned Deputy Commissioner shall have to examine the Page No.# 5/6 matter in order to verify the veracity of the claim of the petitioner, with regard to, firstly, the alleged road traffic accident which stated to have occurred either in public places or involving public carriers, resulting in the death of the person, mentioned above, and secondly, the claim of the petitioner as the Next of Kin [NoK] of the person who stated to have died as a result of the said alleged road traffic accident.
11. The said submissions advanced on behalf of the respondents are duly considered. At the same time, it is found that the petitioner has claimed to have lost her near and dear one as a result of the accident stated to have occurred at a public place and her claim for ex-gratia amount in terms of the notification dated 15.11.2014 has not been given due consideration till date.
12. This Court has already recognized the rationale behind the policy formulated by the State and notified vide the notification dated 15.11.2014, in its order dated 04.05.2019 passed in the writ petition, W.P.[C] no. 2100/2019 [Gunalata Das vs. the State of Assam ] and similar other writ petitions, by observing that the dominate purpose of the policy is to provide some succour immediately to the Next of Kin [NoK] of the deceased to tide over the initial shock and hardship before lodging claim for just compensation under the law. Thus, a claim for the relief of ex gratia grant under the policy calls for an expeditious consideration.
13. Taking an overall view of the submissions advanced by the learned counsel for the parties and the rationale behind the policy so formulated, this Court is of the considered view that the claims for the relief in the form of ex gratia grants of the petitioners in this writ petition as the Next of Kin [NoK] of the person killed in an accident, the facts of which are briefly narrated above, are to be verified and considered first at the end of the concerned Deputy Page No.# 6/6 Commissioner and after such verification and consideration by calling for reports from the concerned Circle Officers and/or the concerned Police Station, wherever found necessary, the proposal shall thereafter, be forwarded by the concerned Deputy Commissioner along with his report[s], to the Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department for release of ex gratia amount in terms of the notification dated 15.11.2014. The Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department shall thereafter, release the quantum of relief to the petitioner found entitled, in terms of the notification dated 15.11.2014. The entire exercise in respect of the case involved in this writ petition should be completed by the above respondent authorities within a period of 3 [three] months from the date of receipt of a certified copy of this order by the office of the concerned Deputy Commissioner, Kamrup [M] along with a copy of the writ petition along with the annexures, from the petitioner. It is accordingly ordered. The petitioner is directed to extend her assistance and cooperation during the process of such verification and shall furnish the relevant information/documents, available at her disposal to facilitate the process of verification, as and when asked for.
14. With the observations made and directions given above, the writ petition stands disposed of. No. Cost.
JUDGE Comparing Assistant