Gauhati High Court
Babita Rajbongshi vs The State Of Assam And 6 Ors on 19 March, 2021
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GAHC010043402021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1858/2021
BABITA RAJBONGSHI
W/O BISHAY RAJBONGSHI, VILL. BAMUNJHAR, P.O. ANDHERIGHAT, P.S.
SIPAJHAR, DIST. DARRANG, ASSAM, PIN 784148
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, REVENUE (RELIEF REHABILITATION) AND DISASTER
MANAGEMENT DEPTT., DISPUR, GUWAHATI 06
2:THE COMMISSIONER AND SECY TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI 06
3:THE DEPUTY COMMISSIONER
DARRANG
ASSAM
P.O. AND P.S. AND DIST. DARRANG
ASSAM
PIN 784125
4:THE CIRCLE OFFICER
SIPAJHAR REVENUE CIRCLE
P.O. SIPAJHAR
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN 784145
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5:THE SUPERINTENDENT OF POLICE
DARRANG
ASSAM
PIN 784125
6:THE OFFICER IN CHARGE
SIPAJHAR POLICE STATION
P.O. SIPAJHAR
DIST. DARRANG
ASSAM
PIN 784145
7:THE SUPERINTENDENT OF MANGALDOI CIVIL HOSPITAL
P.O. AND P.S. MANGALDOI
DIST. DARRANG
ASSAM
GUWAHATI 78412
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
JUDGMENT
Date : 19-03-2021
Heard Mr. M. Hussain, the learned counsel for the petitioner. Also present Mr. P. S. Deka,
the learned Standing Counsel for the Revenue(Relief and Rehabilitation) and Disaster
Management Department, Assam representing the respondent No. 1, Mr. A. Chaliha, learned
Standing Counsel, Finance Department, Assam for respondent No. 2 and Ms. K. Phukan, the
learned Government Advocate, Assam representing the respondent Nos. 3 to 7.
The petitioner has claimed Rs. 2.00 lakhs Ex-gratia amount as the next of kin of the
deceased daughter late Rimly Rajbongshi who died in a road traffic accident on 3.4.2019 at
Bamunjhar under Sipajhar P.S. in the distrit of Darrang which is a public place. The claim of
the petitioner is based on the Notification dated 15.11.2014 bearing No. RR.33/2014/66
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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,
Revenue & D.M. Department"
A confusion arose as to the definition of the "public places' referred in the aforesaid
Notification dated 15.11.2014.
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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 writ petition. The petitioner 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 concerned Deputy Commissioner. On receipt of such claim petition
the concerned Deputy Commissioner 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 &
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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 petitioner. It is pointed out that the enquiry
required to be carried out by the concerned Deputy Commissioner shall be completed within
a period of 60 days from the date of receipt of the claim petition with a further extension of
30 days if the situation demands but supported by reasons thereof.
With the said direction and observation this writ petition stands disposed of.
JUDGE
Comparing Assistant
