Disposed

Basudev Sil @ Basudev Shil v. the State of Assam and 5 Ors.

Gauhati HC1 Jun 2022WP(C)/3294/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition seeking an ex-gratia grant for the petitioner, a next of kin of a deceased in a road accident. The Court directed the jurisdictional Deputy Commissioner to verify the claim and forward it to authorities for sanction within three months.

What did the court decide?

Directing the Deputy Commissioner, Dhubri, to verify the claim and forward it to the Commissioner and Secretary for sanction within three months. Directing the petitioner to cooperate with the verific

Basudev Sil @ Basudev Shil Vs the State of Assam… — Writ and Judicial Review | Gauhati HC (2022)

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Page No. 1/6

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GAHC010092762022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3294/2022

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BASUDEV SIL @ BASUDEV SHIL

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S/O- LT. JYOTISH CHANDRA SHIL, VILL- BAR LECHIAGAON, P.O AND P.SBIJNI, DIST- CHIRANG, BTR, ASSAM, PIN- 783390.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE ( RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06.

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2:THE DEPUTY COMMISSIONER DHUBRI ASSAM P.O. AND P.S. AND DIST- DHUBRI ASSAM PIN- 783301.

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3:THE DEPUTY COMMISSIONER CHIRANG BTR KAJALGAON ASSAM PO AND PS- KAJALGAON DIST- CHIRANG BTR ASSAM PIN- 783381.

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4:THE CIRCLE OFFICER BIJNI REVENUE CIRCLE P.O AND P.S- BIJNI DIST- CHIRANG BTR

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Page No. 2/6

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ASSAM. PIN- 783390.

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5:THE SUPERINTENDENT OF POLICE DHUBRI ASSAM P.O AND P.S. AND DIST.- DHUBRI ASSAM PIN- 783301. 6:THE OFFICER-IN-CHARGE CHAPAR POLICE STATION P.O.- CHAPAR DIST- DHUBRI ASSAM. PIN- 783371

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Advocate for the Petitioner : MR. M HUSSAIN

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Advocate for the Respondent : SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 01-06-2022

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Heard Mr. M. Hussain, learned counsel for the petitioner; Mr. P.S. Deka, learned Senior Counsel and Standing Counsel, Revenue Department for the respondent no. 1; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 2–6.

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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 amount of ₹ 2,00,000/in terms of a notification dated 15.11.2014 of the Revenue & Disaster Management Department, Government of Assam claiming that he is one of the Next of Kins [NoKs] of the deceased person viz. Late Biswajit Sil @ Biswajit Shil, who died in a road traffic accident occurred at a public place.

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The petitioner has claimed to be one of the brothers of the said deceased person, Late Biswajit Sil @ Biswajit Shil.

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Page No. 3/6

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The case projected by the petitioner, in brief, is that at around 02-15 p.m. on 22.12.2014, Biswajit Sil @ Biswajit Shil was proceeding from Dhubri side towards Bijni side with one of his acquaintances viz. Sri Ripon Paul by riding a motorcycle bearing registration no. AS-16/8329 [Super Splender]. When Biswajit Sil @ Biswajit Shil reached a place near Hatipota on No. 31 National Highway, a bus bearing registration no. AS-01/N-6555, coming from Guwahati side towards Dhubri side at a high speed, collided with the motorcycle which by Biswajit Sil @ Biswajit Shil was riding. As a result of the said accident, both Biswajit Sil @ Biswajit Shil and Ripon Paul fell down on the road and sustained serious injuries. The local people gathered at the spot, took both the injured persons to the nearby health facility, Chapar Government Hospital. The doctors at Chapar Government Hospital declared that Biswajit Sil @ Biswajit Shil was brought dead there. The other injured person, Ripon Paul was taken to Guwahati for better treatment. After the death of Late Biswajit Sil @ Biswajit Shil, the post-mortem examination on the dead body of Late Biswajit Sil @ Biswajit Shil was performed on 23.12.2014 at the Civil Hospital, Dhubri pursuant to Salkocha Out Post General Diary Entry no. 327 dated 22.12.2014. As per the post-mortem examination report, the cause of the death was shock and haemorrhage as a result of injuries sustained by the deceased. It was after a delay of about 1 [one] month from the date of the alleged accident, a First Information Report [FIR] was lodged by the petitioner before the In-Charge, Salkocha Out Post on 23.01.2015. On receipt of the said FIR, the InCharge, Salkocha Out Post registered the same vide Salkocha Out Post General Diary Entry no. 383 dated 22.01.2015 and forwarded the same to the Officer In-Charge, Chapar Police Station to register a case. On receipt of the FIR by the Officer In-Charge, Chapar Police Station, the same was registered as Chapar Police Station Case no. 44/2015 under Sections 279/338/304A, Indian Penal Code [IPC].

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On an application being made, the Sub-Divisional Officer [Civil], Bijni has issued a Next of Kin [NoK] certificate dated 20.11.2015 certifying that the deceased person had left his mother and 4 [four] brothers including the petitioner as his Next of Kins [NoKs]. After the death of the afore-stated person, the petitioner stated to have submitted a representation dated 08.07.2020 before the Deputy Commissioner, Dhubri seeking the ex-gratia amount of ₹ 2,00,000/- for the deceased person in terms of the policy framed by the Government in the Revenue & Disaster Management Department and as notified by the notification dated 15.11.2014. When no response was received from the office of the Deputy Commissioner, Dhubri, the petitioner has approached this Court by this writ petition.

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Page No. 4/6

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It has, thus, been contended on behalf of the petitioner that he is one of the Next of Kins [NoKs] of the deceased person who died in a road traffic accident occurred on 22.12.2014 at a public place. It is further contended that as such Next of Kin [NoK] of the deceased person killed in such accident, he 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.

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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 person killed due to accident in public place 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. 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. 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.

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Both Mr. Deka and Ms. Barman are not in disagreement to the fact that in this writ petition, the petitioner has claimed that the alleged road traffic accident in question had occurred subsequent to 15.11.2014. It is submitted by Mr. Deka and Ms. Barman, in unison, that before placing the matter before the Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department, the jurisdictional Deputy Commissioner shall have to examine the 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 at a public place resulting in the death of the person, mentioned above, and secondly , the claim of the petitioner as one of the Next of Kins [NoKs] of the person who stated to have died as a result of the said alleged road traffic accident, and thirdly , the claim regarding occurrence of the accident at a public place.

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Page No. 5/6

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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 dominant 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.

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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 claim for the relief in the form of ex gratia grant to the petitioner in this writ petition as one of the Next of Kin [NoK] of the person killed in a road traffic accident, the facts of which are briefly narrated above, are to be verified and considered first at the end of the jurisdictional Deputy Commissioner and after such verification and consideration on all relevant aspects including the three aspects, as highlighted by the learned counsel for the State respondents, by calling for reports from the other authorities, the proposal shall thereafter, be forwarded by the jurisdictional Deputy Commissioner along with his report, 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, if the petitioner is found entitled to receive the same. The Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department shall thereafter, sanction the quantum of relief for disbursal to the petitioner and/or any other Next of Kins [NoKs] 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 Deputy Commissioner, Dhubri along with a copy of the writ petition with the annexures, from the petitioner. It is accordingly ordered. The petitioner and/or the other Next of Kins [NoKs] of the deceased person is/are directed to extend his/their assistance and cooperation during the process of such verification and shall furnish the relevant information/documents, available at his/their disposal, to facilitate the process of verification, as and when asked for.

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Page No. 6/6

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With the observations made and directions given above, the writ petition stands disposed of. No cost.

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JUDGE

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Comparing Assistant

Basudev Sil @ Basudev Shil v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Basudev Sil @ Basudev Shil v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

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