Gauhati High Court
Latika Das vs The State Of Assam And 7 Ors on 19 February, 2021
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/5
GAHC010025432021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/977/2021
LATIKA DAS
W/O LT. DILIP DAS, VILL-GAURANGTARY PART-I, P.O.-FUTKIBARI, P.S.-
SAPATGRAM, DIST-DHUBRI, ASSAM, PIN-783345
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, GUWAHATI-06
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER
MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-06
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-06
4:THE DEPUTY COMMISSIONER
DHUBRI
ASSAM
P.O. AND P.S. AND DIST-DHUBRI
ASSAM
PIN-783301
5:THE CIRCLE OFFICER
BILASIPARA REVENUE CIRCLE
P.O. AND P.S.-DHUBRI
DIST-DHUBRI
ASSAM
PIN-783348
Page No.# 2/5
6:THE SUPERINTENDENT OF POLICE
DHUBRI
ASSAM
P.O. AND P.S. AND DIST-DHUBRI
ASSAM
PIN-783301
7:THE OFFICER-IN-CHARGE
SAPATGRAM POLICE STATION
P.O.-SAPATGRAM
DIST-DHUBRI
ASSAM
PIN-783345
8:THE SUPERINTENDENT OF CIVIL HOSPITAL
DHUBRI
JHAGRARPAR
P.O.-JHAGRARPAR
P.S. AND DIST-DHUBRI
ASSAM
PIN-78332
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 19.02.2021 Heard Mr. M. Hussain, the learned counsel for the petitioner. Also present Mr. P. S. Deka, the learned Standing Counsel for the Revenue and Disaster Management Department, Assam and Ms. D. D. Barman, the learned Additional Senior Government Advocate, Assam.
The petitioner has claimed Rs. 2.00 lakhs ex-gratia amount as the next of kin of the deceased husband late Dilip Das who died in a road traffic accident at Bilasipara Kokrajhar PWD Road under Sapatgram P.S. district Dhubri.
Similar batch of writ petitions were disposed of with the lead Case WP(C) No. Page No.# 3/5 5683/2020 by holding as follows:-
"In a batch of writ petitions, the petitioners have claimed Rs. 2.00 lakhs Ex-gratia amount as the next of kin of the deceased persons who died/killed in road traffic accidents which took place in public places. The claim of the petitioners are based on the Notification dated 15.11.2014 bearing No. RR.33/2014/66 issued by the Additional Chief Secretary to the Government of Assam, Revenue & D.M. Department which is reproduced herein below:-
"No. RR.33/2014/66 Dated Dispur, the 15th November, 2014.
NOTIFICATION The Governor of Assam is pleased to revise the quantum relief in respect of persons who were killed/injured due to extremist violence/terrorist violence/acts of miscreant/communal violence/ethnic violence/group clash/firing of security forces/accident etc., who were kidnapped/abducted by extremist/terrorist/miscreants and whose dwelling houses are fully burnt/damaged whether due to acts of extremist/terrorist/miscreants or during communal violence/ethnic violence/group clash.
This notification shall come into force with immediate effect.
The revised rates shall be applicable in respect of the incidents, which may occur in the State as on or after the date of issue of the notification in super session of the previous notifications in this regard. The incidents prior to 15 th November, 2014 will be governed by the O.M./notifications relevant to the period concerned.
SL Nature of Incident Quantum of relief No
3. Ex gratia to the NOK, of person killed due to Rs.2,00,000.00 accident in public places or in public carriers (other than killed by extremist/terrorist/miscreants and due to the firing of security forces) Sd/-
Additional Chief Secretary, Page No.# 4/5 Revenue & D.M. Department"
A confusion arose as to the definition of the "public places' referred in the aforesaid Notification dated 15.11.2014.
The Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department as the respondent No. 2 in WP(C) No. 5683/2020 filed the affidavit-in-opposition adopting the definition of the term "public places" in another Notification dated 15.10.2014 and in support annexed the copy of the Notification Dated 15.10.2014 bearing No. R.R.94/2003/288 issued by the Additional Chief Secretary to the Govt. of Assam, Revenue & Disaster Management Department, Relief & Rehabilitation Branch, Dispur which defines the word "public places" extracted herein below:-
No. R.R.94/2003/288 Dated Dispur, the 15th October/2014.
Notification In partial modification of Clause-"C" of the Department's Notification No. R.R.86/2005/22, dtd 24.04.2007, the Governor of Assam is pleased to decide that only Next of Kin of persons killed in public places shall be entitled for ex-gratia grant as per norms.
The work '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.
This Notification will come into force with immediate effect.
Sd-/ (S.C.Das, IAS) Additional Chief Secretary to the Govt. of Assam Revenue & Disaster Management Department, Relief & Rehabilitation Branch, Dispur".
Considering the aforesaid stand of the Government read with the Notifications, I dispose of this batch of writ petitions. The petitioners seeking for the benefit under the Notification dated 15.11.2014 or any amendments subsequent thereto i.e. for ex-gratia grant of Rs. 2.00 lakhs shall approach the Page No.# 5/5 concerned Deputy Commissioners. On receipt of such claim petitions the concerned Deputy Commissioners shall make an enquiry whether the accident took place in the public place on the basis of the investigation report by the jurisdictional police officials and any of the required criteria in the Notification dated 15.11.2014 including the status of the claimants as the next of kin of the deceased and once the satisfaction is drawn, necessary proposal from the concerned Deputy Commissioner shall be sent to the respondent No. 1 i.e. the Commissioner & Secretary to the Government of Assam, Revenue (Relief & Rehabilitation ) and Disaster Management Department, Dispur, to accord sanction of the ex-gratia grant to the next of kin of the deceased in the light of the Notification dated 15.11.2014 read with the Notification dated 15.10.2014. On receipt of the sanction order, the Revenue and Disaster Management Department, Government of Assam shall take necessary steps towards disbursal of the said amount to the petitioners in the batch of writ petitions. It is pointed out that the enquiry required to be carried out by the concerned Deputy Commissioners shall be completed within a period of 60 days from the date of receipt of the claim petitions with a further extension of 30 days if the situation demands but supported by reasons thereof".
In the light of the above direction and observation made in WP(C) No. 5683/2020 this writ petition stands disposed of with a direction to the concerned Deputy Commissioner on receipt of such claim petitions he shall make an enquiry whether the accident took place in the public place on the basis of the investigation report by the jurisdictional police officials and any of the required criteria in the Notification dated 15.11.2014 including the status of the claimants as the next of kin of the deceased and once the satisfaction is drawn, necessary proposal from the concerned Deputy Commissioner shall be sent to the respondent No. 1 i.e. the Commissioner & Secretary to the Government of Assam, Revenue (Relief & Rehabilitation ) and Disaster Management Department, Dispur, to accord sanction of the ex- gratia grant to the next of kin of the deceased in the light of the Notification dated 15.11.2014 read with the Notification dated 15.10.2014. On receipt of the sanction order, the Revenue and Disaster Management Department, Government of Assam shall take necessary steps towards disbursal of the said amount to the petitioners in the batch of writ petitions. It is pointed out that the enquiry required to be carried out by the concerned Deputy Commissioners shall be completed within a period of 60 days from the date of receipt of the claim petitions with a further extension of 30 days if the situation demands but supported by reasons thereof.
JUDGE Comparing Assistant