Gauhati High CourtSoleman Ali vs The State Of Assam And 6 Ors on 24 March, 2021Equivalent citations: AIRONLINE 2021 GAU 114Author:Prasanta Kumar DekaBench:Prasanta Kumar DekaPage No.# 1/5\n\nGAHC010050612021\n\n\n\n\n                          THE GAUHATI HIGH COURT\n  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)\n\n                            Case No. : WP(C)/2034/2021\n\n         SOLEMAN ALI\n         S/O LT. MAYNAL HOQUE, VILL. DEBATTAR BARUNDANGA, P.O.\n         MOTERJHAR, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM, PIN 783334\n\n\n\n         VERSUS\n\n         THE STATE OF ASSAM AND 6 ORS\n         REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF\n         ASSAM, REVENUE (RELIEF AND REHABILITATION ) AND DISASTER\n         MANAGEMENT DEPTT., DISPUR, GUWAHATI 06\n\n         2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM\n\n          FINANCE DEPTT.\n          DISPUR\n          GUWAHATI 06\n\n         3:THE DEPUTY COMMISSIONER\n\n          DHUBRI\n          ASSAM\n          P.O. AND P.S.\n          DIST. DHUBRI\n          ASSAM\n          PIN 783301\n\n         4:THE CIRCLE OFFICER\n\n          GOLAKANJ REVENUE CIRCLE\n          P.O. AND P.S. GOLAKGANJ\n          DIST. DHUBRI\n          ASSAM\n                                                                               Page No.# 2/5\n\n             PIN 783334\n\n            5:THE SUPERINTENDENT OF POLICE\n\n             DHUBRI\n             ASSAM\n             P.O. AND P.S. AND DIST. DHUBRI\n             ASSAM\n             PIN 783301\n\n            6:THE OFFICER IN CHARGE\n\n             TAMARHAT POLICE STATION\n             P.O. TAMARHAT\n             DIST. DHUBRI\n             ASSAM\n             PIN 783332\n\n            7:THE SUPERINTENDENT OF CIVIL HOSPITAL\n             DHUBRI\n             JHAGRARPAR\n             P.O. JHAGRARPAR\n             P.O. JHAGRARPAR\n             P.S. AND DIST. DHUBRI\n            ASSAM\n             PIN 78332\n\nAdvocate for the Petitioner   : MR. M HUSSAIN\n\nAdvocate for the Respondent : GA, ASSAM\n\n\n\n\n                                        BEFORE\n             HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA\n                                          ORDER24.03.2021\n\n       Heard Mr. M. Hussain, the learned counsel for the petitioner. Also present Mr. B. J.\nTalukdar, the learned Standing Counsel for the Revenue and Disaster Management\nDepartment, Assam representing the respondent No. 1, Ms. D. D. Barman, the learned\nAdditional Senior Government Advocate, Assam representing the respondent Nos. 3, 4, 5, 6\n                                                                                                    Page No.# 3/5\n\nand 7 and Mr. P. Nayak, the learned Standing Counsel for the Finance Department, Assam\nrepresenting the respondent No. 2.The petitioner has claimed Rs. 2.00 lakhs Ex-gratia amount as the next of kin of the\ndeceased son Rofikul SK @ Rofik Ali who died in a road traffic accident occurred on\n08.04.2019 at Sonahat PWD road under Tamarhat Police Station in the district of Dhubri,\nAssam which took place in public place. The claim of the petitioner is based on the\nNotification dated 15.11.2014 bearing No. RR.33/2014/66 issued by the Additional Chief\nSecretary to the Government of Assam, Revenue & D.M. Department which is reproduced\nherein below:-"No. RR.33/2014/66            Dated Dispur, the 15th November, 2014.NOTIFICATION\n               The Governor of Assam is pleased to revise the quantum relief in respect of persons who were\n               killed/injured due to extremist violence/terrorist violence/acts of miscreant/communal\n               violence/ethnic violence/group clash/firing of security forces/accident etc., who were\n               kidnapped/abducted by extremist/terrorist/miscreants and whose dwelling houses are fully\n               burnt/damaged whether due to acts of extremist/terrorist/miscreants or during communal\n               violence/ethnic violence/group clash.This notification shall come into force with immediate effect.\n                        The revised rates shall be applicable in respect of the incidents, which may occur in the\n               State as on or after the date of issue of the notification in super session of the previous\n\n               notifications in this regard. The incidents prior to 15th November, 2014 will be governed by the\n               O.M./notifications relevant to the period concerned.SL   Nature of Incident                                   Quantum of relief\nNo\n3.   Ex gratia to the NOK, of person killed due to        Rs.2,00,000.00\n     accident in public places or in public carriers\n     (other than killed by\n     extremist/terrorist/miscreants and due to the\n     firing of security forces)\n\n\n                                                                 Sd/-\n                                                         Additional Chief Secretary,\n                                                              Revenue & D.M. Department"\n                                                                                                   Page No.# 4/5A confusion arose as to the definition of the "public places' referred in the aforesaid\nNotification dated 15.11.2014.The Notification Dated 15.10.2014 bearing No. R.R.94/2003/288 issued by the\nAdditional Chief Secretary to the Govt. of Assam, Revenue & Disaster Management\nDepartment, 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\n              In partial modification of Clause-"C" of the Department's Notification No. R.R.86/2005/22, dtd\n              24.04.2007, the Governor of Assam is pleased to decide that only Next of Kin of persons killed\n              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\n              or assembly open to or frequented by the public or any other place, which is open to the public\n              view or to which public has access.This Notification will come into force with immediate effect.Sd-/\n                                                        (S.C.Das, IAS)\n                               Additional Chief Secretary to the Govt. of Assam\n                                 Revenue & Disaster Management Department,\n                                             Relief & Rehabilitation Branch, Dispur".Considering the aforesaid stand of the Government read with the Notifications, I\ndispose of this writ petition. The petitioner seeking for the benefit under the Notification\ndated 15.11.2014 or any amendments subsequent thereto i.e. for ex-gratia grant of Rs. 2.00\nlakhs shall approach the concerned Deputy Commissioner. On receipt of such claim petition\nthe concerned Deputy Commissioner shall make an enquiry whether the accident took place\nin the public place on the basis of the investigation report by the jurisdictional police officials\nand any of the required criteria in the Notification dated 15.11.2014 including the status of\nthe claimants as the next of kin of the deceased and once the satisfaction is drawn, necessary\nproposal from the concerned Deputy Commissioner shall be sent to the respondent No. 1 i.e.\nthe Commissioner & Secretary to the Government of Assam, Revenue (Relief &\n                                                                                    Page No.# 5/5\n\nRehabilitation ) and Disaster Management Department, Dispur, to accord sanction of the ex-\ngratia grant to the next of kin of the deceased in the light of the Notification dated\n15.11.2014 read with the Notification dated 15.10.2014. On receipt of the sanction order, the\nRevenue and Disaster Management Department, Government of Assam shall take necessary\nsteps towards disbursal of the said amount to the petitioner. It is pointed out that the enquiry\nrequired to be carried out by the concerned Deputy Commissioner shall be completed within\na period of 60 days from the date of receipt of the claim petition with a further extension of\n30 days if the situation demands but supported by reasons thereof.With the said direction and observation this writ petition stands disposed of.JUDGE\n\n\n\nComparing Assistant