Orissa High Court
Surama Jani & Anr vs State Of Odisha And Ors. Opp. Parties on 10 July, 2025
Author: A.K. Mohapatra
Bench: A.K.Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26808 of 2022
An application under Articles 226 & 227 of the Constitution of India
Surama Jani & Anr. Petitioners
Mr.Bijaya Kumar Nayak 3, Adv.
-versus-
State of Odisha and Ors. Opp. Parties
Ms.B.K. Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE A.K.MOHAPATRA
Date of Hearing : 10.07.2025 | Date of Judgment : 10.07.2025
A.K. Mohapatra, J. :
1. In the present writ petition, the Petitioners have prayed for
quashing of the report dated 10.03.2022 under Annexure-8 as well as the
final order dated 17.06.2022 under Annexure-9 passed by the Collector-
cum-D.M., Nayagarh whereby the prayer of the Petitioners for grant of
ex-gratia compensation due to death of one, late Shri Taleswar Jani has
been rejected.
2. The factual background leading to filing of the present writ
application, in short, is that the Petitioner No.1 is the wife and the
Petitioner No.2 is the son of one late Taleswar Jani. The abovenamed
Taleswar Jani was engaged as a labourer in a road construction work in
village Sirikibadi under Banigochha P.S. in the district of Nayagarh along
with other workers. On 17.07.2013, while the work was going on, all on a
sudden, a land slide took place due to heavy rainfall, as a result of which,
the abovenamed Taleswar Jani died instantly at the spot due to such land
slide. The matter was immediately reported to the local police.
Accordingly, Banigochha PS UD Case No.1 of 2013 was registered
which corresponds to UD GR Case No.7 of 2013. After completion of
investigation, the I.O. has submitted a final report on 07.12.2014. In the
final report, the I.O. has confirmed that the death of the abovenamed
Taleswar Jani had occurred due to the land slide and fall of heavy
material on the deceased. It has also been clarified in such report that
there is no suspicion of any foul play.
3. Learned counsel for the Petitioners, further referring to the Post
Mortem Report dated 17.07.2013, contended that the doctor has opined
that the cause of death of the deceased was due to Asphyxia and due to
fall of heavy material on the chest wall of the deceased. In the aforesaid
factual background, learned counsel for the Petitioners contended that
there exists no doubt whatsoever that the death of the deceased, Taleswar
Jani, had taken place due to the aforesaid land slide due to rainfall while
he was working as a labourer in the construction of the road work.
4. Learned counsel for the Petitioners further referring to the Govt.
Policy dated 25.02.2012, contended that as per such policy the family of
the deceased is entitled to a compensation amount of Rs.1,50,000/-. He
further contended that although the Opposite Party No.2 is empowered to
grant such compensation by virtue of the Resolution dated 25.02.2012.
However, the Collector-cum-District Magistrate, Nayagarh did not
forward the report and rejected the claim of the Petitioners at his level. He
further referred to the report of the Tahasildar, Daspalla under Annexure-
8 dated 10.03.2022, which confirms the land slide and the death of the
deceased was due to the aforesaid land slide. However, in his final
opinion, he has stated that the case of the deceased is not a fit case for
sanction of any ex-gratia compensation.
5. Finally, learned counsel for the Petitioners, drawing attention of
this Court to the impugned order dated 17.06.2022 under Annexure-9,
contended that the Collector-cum-District Magistrate, Nayagarh has
mechanically rejected the application of the Petitioners for grant of ex-
gratia compensation. He further submitted that the claim of the
Petitioners has been rejected on a vague ground i.e. by referring to para-3
of Odisha Relief Code i.e. the amount of the rainfall that had taken place
in the locality is less than the minimum quantum of rainfall prescribed in
the Odisha Relief Code. On such ground, learned counsel for the
Petitioners further contended that the impugned rejection order is
absolutely illegal and arbitrary. Accordingly, the same is liable to be
quashed.
6. Learned counsel for the State on the other hand referred to the
counter affidavit filed by the Opposite Party No.4. By referring to the
counter affidavit, learned counsel for the State contended that the
application submitted by the Petitioners was duly considered by the
competent authority. She further contended that since the grant of ex-
gratia compensation is guided by the Odisha Relief Code and the Odisha
Relief Code prescribes the compensation to be paid in the event the
rainfall exceeds the specified quantity, the case of the Petitioners was
considered by taking into consideration the total rainfall in the locality.
Since, the total rainfall in the locality was less than the quantity of the
rainfall specified in the Odisha Relief Code, the application of the
Petitioners has been rejected by the Tahasildar, Daspalla as well as the
Collector-cum-District Magistrate, Nayagarh. In such view of the matter,
learned counsel for the State contended that the Opposite Parties have not
committed any illegality in rejecting the application of the Petitioners for
grant of ex-gratia compensation.
7. Having heard the learned counsel appearing for the Petitioners as
well as learned counsel for the State, on a perusal of the pleadings of the
respective parties, this Court finds that the only question that falls for
determination in the present writ application is as to whether the family of
the deceased are entitled to the ex-gratia compensation as claimed by
them in the present writ application? To answer the aforesaid question,
this Court is required to examine two questions; firstly, whether the
incident had actually occurred and the late Taleswar Jani had died while
he was engaged in the road construction work and he died due to the land
slide? Secondly, whether there is any such provision notified by the State
Govt. under which the Petitioners are entitled to such compensation?
8. In reply to the first question, this Court is of the view that there
exists no doubt with regard to the factual position which is supported by
such final report submitted by the I.O. in the UD Case, as well as the Post
Mortem Report of the M.O. with regard to the cause of the death of the
deceased, Taleswar Jani. Moreover, it has also been specifically
mentioned that there is no suspicion of any foul play. Similarly, the
incident that occurred on a particular date is supported by the report of
the Tahasildar, Daspalla under Annexure-8 to the writ application. In
such view of the matter, this Court has no hesitation in coming to a
conclusion that the death of late Taleswar Jani had occurred due to the
land slide while he was working as a labourer in a road construction
projection in that particular village and such land slide was caused due to
heavy rainfall.
9. With regard to the second question i.e. as to whether the Petitioners
are entitled to any ex-gratia compensation, this Court referred to the
Resolution of the State Govt. dated 25.02.2012 under Annexure-3 to the
writ application. On perusal of the said resolution of the R & D.M. Dept.,
Govt. of Odisha, it appears that the State Disaster Response Fund (SDRF)
and National Disaster Response Fund (NDRF) for the period 2010-2015
has been revised and, basing on the recommendation of the 13th Finance
Commission, corresponding amendments have been carried out in the
Odisha Relief Code. As a result, Flood, Cyclone, Drought, Fire, Hail
storm, Land slide, Earthquake, Tsunami, Cloud Burst, Avalanche and
Pest Attack have been included in the category of natural calamities.
Therefore, there is no doubt that the abovenamed, Taleswar Jani died due
to a natural calamity and, as such, his case falls under the provisions of
the Odisha Relief Code and, as such, his family members are entitled to
the ex-gratia compensation. At the relevant point of time the ex-gratia
compensation of such death that has occurred during a natural calamity
was Rs.1,50,000/- (Rupees One Lakh Fifty Thousand). Accordingly, this
Court holds that the Petitioners are entitled to get ex-gratia compensation
for the death of late Taleswar Jani to the tune of Rs.1,50,000/- (Rupees
One Lakh Fifty Thousand).
10. Additionally, on a close scrutiny of the impugned rejection order, it
is observed that the claim of the Petitioners have been rejected only on
the ground that the quantum of rainfall was less than the standard
prescribed in the resolution. Indisputably, the death had occurred due to
land slide. Having such a condition as a yardstick to grant compensation
is highly arbitrary and unreasonable. Under the constitutional scheme, the
State being a welfare state is required to act rationally and the policies are
required to be reasonable. Viewed from the aforesaid constitutional
perspective it can't be accepted that the decision in rejecting the prayer
for grant of ex-gratia compensation is a reasonable one and in larger
public interest.
11. In view of the aforesaid analysis of the factual position and keeping
in view the well settled principles of law, this Court is of the considered
view that the Petitioners are entitled to the ex-gratia compensation
Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) on account of the death
of late Taleswar Jani in terms of the Odisha Relief Code. Accordingly,
the present writ application is allowed with a direction to the State-
Opposite Parties to pay the Petitioners compensation of Rs.1,50,000/-
(Rupees One Lakh Fifty Thousand) along with interest from the date the
application was made by the Petitioners to the competent authority, at the
applicable rate, within a period of two months from the date of
communication of a certified copy of today's judgment. It is further made
clear that failure to pay such ex-gratia amount within the aforesaid time
shall attract an interest to the tune of 12% p.a. till the entire amount is
paid to the Petitioners. It is needless to say that the impugned orders
rejecting the claim of the Petitioners are hereby quashed.
12. Accordingly, the Writ Petition is allowed. However, there shall be
no order as to costs.
(A.K. Mohapatra)
Judge
Orissa High Court, Cuttack
The 10th July, 2025 / Anil/ Jr. Steno
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 11-Jul-2025 20:41:02
